IGBAL BATCHA Vs. MUSTHRIJOJN

JUDGEMENT

(1.) THIS second appeal was not admitted and only notice was ordered to the respondent on 10.10.2006 and after service, it is listed today for admission.

(2.) THE defendant in O.S.No. 155 of 2002 on the file of Principal District Munsif Court, Bhavani is the appellant in this second appeal. Originally, the said suit was filed by the father of the appellant and respondent herein for injunction against the appellant herein and the same was decreed as prayed for. As against the same, the appellant herein filed A.S. No. 5 of 2005 before the Additional District Judge, Fast Track Court No.IV, Bhavani, Erode. During the pendency of the first appeal, the father of the parties herein, who instituted the suit against the appellant herein died, hence, the appellant herein filed I.A.No. 47 of 2004 to implead his sister, the respondent herein as a party in the first appeal, which was allowed by the first appellate Court on 20.10.2004. THEreafter, the first appellate Court after hearing both sides dismissed the appeal confirming the decree and judgment passed by the trial court, hence, the present second appeal.

(3.) ON the above contentions of the counsel for either side, this Court perused the material records. It is seen that the suit was filed by the deceased father/Plaintiff against his son namely the appellant herein on the ground that he is the title holder in possession and the appellant has no right or title to interfere in it. In support of the said contention, the deceased plaintiff marked Ex.A1 to A6 and examined himself as PW1. The appellant herein has also filed Ex.B1 and examined himself as DW1.