N.MARAPPAN Vs. V.S.T.SENGOTTAIAN

JUDGEMENT

(1.) The unsuccessful plaintiffs in O.S.No.313/2007 on the file of the court of the First Additional District Judge, Erode are the appellants in the Appeal Suit.

(2.) The above said suit was filed by the appellants herein against the respondents for the following reliefs: (1) a declaration that the Partnership Dissolution Deed dated 11.12.1985 entered into by the appellants/plaintiffs 1 and 2, respondents 1 to 5/defendants 1 to 5 and late V.S.Thangavel is true, valid and binding on the respondents/defendants; (2) a consequential permanent injunction restraining the respondents/defendants from in any manner interfering with the suit property either by creating encumbrance or by making any alienation or otherwise; (3) a permanent injunction restraining the respondents/defendants from trespassing into any portion of the suit property; (4) a permanent injunction restraining the respondents/defendants from in any way altering the physical features of the suit property either by putting up constructions or otherwise; and (5) for a direction against the respondents/defendants to pay the costs of the appellants/plaintiffs.

(3.) After the trial, the learned trial Judge, based on the consideration of evidence adduced on both sides in the light of the arguments advanced on behalf of both, dismissed the above said suit by a judgment and decree dated 07.12.2009. Aggrieved by and challenging the said decree of the trial court dated 07.12.2009 dismissing O.S.No.313/2007 on the file of the First Additional District Judge, Erode, the present appeal has been filed under Section 96 of the Code of Civil Procedure.