P. SHANMUGAM AND ORS. Vs. P. KATHIRVEL

JUDGEMENT

(1.) THE present appeal is filed by the plaintiffs under Section 100 CPC challenging the concurrent findings of the trial Court, viz., First Additional District Munsif, Erode, in O.S. 232 of 2002 by judgment and decree dated 07.03.2005 and confirmation of the same by the Principal Subordinate Judge, Erode, in A.S. No. 75 of 2005 by judgment and decree dated 29.11.2005, as regards their prayer for permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit 'A' Schedule property in any manner.

(2.) SUIT O.S. No. 232 of 2002 had been filed by the plaintiffs for relief of permanent injunction in respect of the suit property consists of 46 cents, viz., the rocky portion indicated in the Commissioner's sketch appended herein. According to the plaintiffs, the first plaintiff and the other co -sharer, viz., his brother Krishna Ramasamy, divided the suit property under the registered partition deed dated 21.5.2001 in which each of them were allotted 23 cents with definite boundaries. Pursuant to the said partition, the plaintiffs claim to be in absolute possession and enjoyment of this portion as indicated in the sketch. According to the plaintiffs, the defendant attempted to trespass into their property and hence, they were constrained to file a suit for permanent injunction.

(3.) THE trial Court, before which the parties examined themselves and marked documents, on consideration of the materials, including the Commissioner's Report and Sketch marked as Exs. C.1 and C.2 respectively, by judgment and decree dated 07.03.2005, while granting injunction in respect of 'B' Schedule property, dismissed the suit for permanent injunction with respect to suit 'A' Schedule property finding that the plaintiffs have no valid title over the same. The appeal filed by the plaintiffs as against the dismissal of suit in respect of 'A' Schedule property, in A.S. No. 75 of 2005 before the Lower Appellate Court / Principal Subordinate Judge, Erode, also met the same fate. Aggrieved by the same, the plaintiffs filed the instant Second Appeal before this Court in S.A. No. 679 of 2009.