SHANMUGHASUNDARAM Vs. SIVASANKAR

JUDGEMENT

(1.) THE defendant in O.S. No.341 of 2005 on the file of the learned District Munsif, Ariyalur is the appellant herein. The respondent is the sole plaintiff in the suit. The plaintiff filed the suit for declaration of his right to use the common pathway which is a suit property herein and for consequential relief of injunction to restrain the defendant from preventing the plaintiff from enjoying the same along with others. He had also prayed for Mandatory Injunction to remove the encroachment in the suit property by the defendant. By decree and judgment dated 27.08.2008, the trial court dismissed the suit in its entirety. As against the same, the respondent herein filed an appeal in A.S. No.56 of 2012 on the file of the learned Principal District Judge, Ariyalur. By decree and judgment dated 14.08.2014, the lower appellate court allowed the appeal thereby setting aside the decree and judgment of the trial court and decreed the suit. As against the same, the appellant is before this Court with this Second Appeal.

(2.) THIS Second Appeal has come up before me for admission. I have heard the learned Counsel for the appellant and I have also perused the records carefully.

(3.) THE case of the defendant is that there is no such property measuring 4 feet x 89 feet as described in 'C' Schedule property of the partition deed Ex.A.1 as on ground. It is further stated that there is a lane on the north of his property which is in a zigzag manner and the same is now in possession of one Radhakrishnan and others who are his Pangalis. It is also stated that the suit property shall form part and parcel of the defendant's property and the plaintiff has got no interest whatsoever over the same.