KOUNDIAMMAL Vs. MARAPPAN

JUDGEMENT

(1.) In this Second Appeal, challenge is made to the decree and judgment dtd. 26/3/2019 passed in A.S. No.16 of 2018, on the file of the Subordinate Judge, Paramathy, reversing the Judgment and decree dtd. 2/6/2014 passed in O.S. No.325 of 2004, on the file of the District Munsif cum Judicial Magistrate, Paramathy.

(2.) The defendants in O.S. No.325 of 2004 on the file of the District Munsif cum Judicial Magistrate, Paramathy, are the appellants in the present appeal. The plaintiff filed the above suit for (i) declaration to declare his right in BC pathway, (ii) for consequential injunction restraining the defendant 1 to 7 from preventing the plaintiff from enjoying the above pathway and, (iii) for mandatory injunction directing the defendants 1 to 7 to remove the iron fence put up in BC pathway.

(3.) For the sake of convenience, the parties are referred to as per their ranking in the trial court.