S A VISWANATHAN DIED Vs. R KRISHNAN

JUDGEMENT

(1.) THE plaintiffs in O.S.No.399 of 1980 and O.S.No.1517 of 1982 on the file of the III Addl. District Munsif, Coimbatore, who are the defendants in O.S.No.440 of 1980 are the appellants in all the appeals.

(2.) THE subject matter of O.S.No.399 of 1980 is a cart track, as described in the plaint plan "A B C D E F G H". In respect of this cart track, injunction is sought for. In the same suit, mandatory injunction is also sought for, for a portion of the above said cart track viz., "F G".

(3.) THE parties have examined 4+3 witnesses as well as marked number of exhibits, and relied on Commissioner's Report. THE learned III Addl. District Munsif, Coimbatore, while evaluating the above materials came to the conclusion, that the appellants herein have made out a case as pleaded in the plaints as well as pleaded in the written statement, where they are defendants, whereas the respondents herein have not made out a case to reject the claim of the appellants herein. Thus taking the decision, the suits in O.S. Nos. 399 of 1980 and 1517 of 1982 were decreed and the suit in O.S.No.440 of 1980 was dismissed. At the same time, O.S.No.328 of 1981 was decreed as prayed for, in addition rejecting a portion of the claim of the plaintiffs in O.S.No.1517 of 1982 as per the above said common judgment.