M.GANESAN Vs. KANNIAPPAN

JUDGEMENT

(1.) The defendants in O.S.No.503 of 2005 on the file of the Principal District Munsif Court at Vellore are the appellants herein. The suit in O.S.No.503 of 2005 had been filed by the 1st respondent who died during pending the Second Appeal, seeking a judgment and decree of permanent injunction restraining the defendants therein/appellants herein, from interfering with peaceful possession and enjoyment of the suit properties. By judgment dtd. 13/8/2008, the suit was dismissed. The plaintiff then filed A.S.No.56 of 2008 which came up for consideration before the Sub Court at Vellore and by judgment dtd. 31/7/2009, the Appeal Suit was allowed. This has necessitated the appellants herein to file the present Second Appeal.

(2.) The Second Appeal had been admitted on the following substantial questions of law :

(3.) O.S.No.503 of 2005 on the file of Principal District Munsif Court, Vellore :