SUBBATHAL Vs. ARUNACHALA GOUNDER

JUDGEMENT

(1.) THE Plaintiff is the appellant in this second appeal who has filed the suit in O. S. No. 217 of 1977 on the file of District Munsif Court, Thiruppur for injunction which was decreed. The appeal in A. S. No. 16 of 1981 filed by the defendants 1 and 2/respondents 1 and 2 herein before the Sub Court, Tiruppur was allowed on 20. 03. 1982, which was challenged by the appellant by filing the above said Second Appeal No. 1463 of 1982 and the same was disposed of, the matter was remanded back to the trial court for fresh disposal by Order dated 30. 03. 2001. In and by the said order dated 30. 03. 2001, the appellant was also permitted to include the relief of declaration. As against the same, respondents 5 and 6 herein have filed Civil Appeal No. 7620 of 2002 before the Honourable Supreme Court, which remitted back the matter to this Court by Order dated 22. 11. 2002 wherein it was held thus:-

(2.) PURSUANT to the said order passed by the Honourable Supreme Court the appellant herein has filed CMP No. 13772 of 2005 praying for amendment of the plaint in O. S. No. 217 of 1977 to include the relief of declaration and the same was allowed by this Court on 02. 12. 2005. The appellant herein filed CMP No. 10389 of 2006 to delete the names of the respondents 3 and 4 in the appeal which was also allowed on 16. 11. 2006 as the respondents therein have not opposed.

(3.) BEFORE the trial court, the Plaintiff has marked Exs. A1 to A94 and the Plaintiff examined herself as PW1, Murugaswami Gounder, Periaswami Gounder, P. Ramaswami and Venkitaraman were examined as Pws 2 to 5 respectively. On behalf of the defendants, Exs. B1 to B15 were marked and 2nd and 3rd defendants were examined as Dws 1 and 2 respectively.