R. SUBBARAYA GOUNDER Vs. KALIYAPPAN

JUDGEMENT

(1.) THE defendant in O.S. No. 137 of 1997 on the file of the learned Subordinate Judge, Tiruppur is the appellant herein. The respondent is the second plaintiff in the suit. The first plaintiff in the suit was one Mrs. Valliyammal, who died during the pendency of the suit and the second plaintiff was recorded as her legal representative. On transfer to the file of the learned District Munsif, Tiruppur, the suit was re -numbered as O.S. No. 125 of 2004. The said suit was filed for declaration of title for the cart track described as the suit property and for permanent injunction to restrain the defendant from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the same.

(2.) THE trial Court by decree and judgement dated 25.10.2010, partly decreed the suit thereby granting permanent injunction in favour of the plaintiffs thereby restraining the defendant from interfering with the peaceful possession and enjoyment of the suit cart track to the width of 20 feet, running North -South on the West of the defendant's property in S.F. No. 105/4, leading to plaintiffs' property in S.F. No. 105/4C. As against the denial of decree for declaration of title, the plaintiffs did not file any appeal. As against the decree for permanent injunction granted in favour of the plaintiffs, the defendant filed an appeal in A.S. No. 43 of 2012 on the file of the learned Subordinate Judge, Tiruppur. By decree and judgement dated 28.02.2013, the First Appellate Court dismissed the appeal thereby confirming the decree for permanent injunction granted by the trial Court. As against the same, the defendant is before this Court with this second appeal.

(3.) THE case of the plaintiff in brief is as follows: - -