S MEGALA Vs. JAGADEESWARAN

JUDGEMENT

(1.) This Second Appeal is filed under Section 100 of the Code of Civil Procedure as against the judgment and decree dated 29.06.2015 and made in A.S.No.9 of 2015 on the file of the Principal Subordinate Judge, Salem, reversing the Judgment and decree dated 13.10.2014 and made in O.S.No.320 of 2013 on the file of the III Additional District Munsif Court, Salem.

(2.) The appellant herein is the plaintiff whereas the respondent is the defendant in the suit O.S.No.320 of 2013. The appellant had filed the suit as against the respondent, seeking the relief of permanent injunction restraining him from in anyway interfering with the formers' peaceful possession and enjoyment of the suit property and not to evict her by force from the suit property excepting under due process of law. Despite the contest made by the respondent, the suit was decreed as prayed for with costs.

(3.) Challenging the judgment and decree dated 13.10.2014, the respondent being the defendant had preferred an appeal in A.S.No.9 of 2015 on the file of the Learned Subordinate Judge, Salem. After hearing both side, the appeal was allowed and reversing the judgment and decree of the Trial Court which resulted in dismissal of the suit.