KUMAR @ SELVAKUMAR AND OTHERS Vs. KALIAMMAL AND OTHERS

JUDGEMENT

(1.) The defendants in O.S.No.106 of 2009 on the file of the learned Principal District Munsif cum Judicial Magistrate, Chengam are the appellants herein. The respondents herein are the plaintiffs in the suit. The said suit was filed for permanent injunction to restrain the defendants from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the suit properties and for damages to the tune of Rs.50,000/- and for cost. The learned Principal District Munsif cum Judicial Magistrate, Chengam by decree and judgment dated 28.09.2012 decreed the suit in part thereby granting the decree for permanent injunction with exemplary cost of Rs.25,000/- to be paid by the defendants/appellants to the plaintiffs/respondents. So far as the damages claimed in the suit was concerned, the suit was dismissed. As against the decree and judgment passed by the trial Court, the appellants/defendants filed an appeal in A.S.No.53 of 2012 on the file of the learned Principal Subordinate Judge, Tiruvannamalai. By decree and judgment dated 18.09.2015, the First Appellate Court partly allowed the appeal thereby setting aside the exemplary cost imposed on the defendants/appellants by the trial court however, the First Appellate Court confirmed the decree granted by the trial Court in respect of permanent injunction. Challenging the same, the defendants/appellants are before this Court with this second appeal.

(2.) This second appeal has come up today for admission. I have heard the learned counsel for the appellants and I have also perused the records carefully.

(3.) The case of the plaintiffs is as follows:-