R SEBASTHI NADAR Vs. A SOOSAI APPAN

JUDGEMENT

(1.) AGGRIEVED by concurrent findings of Courts below, granting Permanent Injunction and also Mandatory Injunction, ordering removal of encroachment in the common path, the unsuccessful First Defendant has preferred this Second Appeal.

(2.) SUIT Property relates to Pathway in S.No.174/5 and 174/10 in Keeranipatti Village. On obtaining necessary permission from the Court in the Application filed under Order 1 Rule 8 C.P.C, the First Respondent/Plaintiff has filed SUIT in his representative capacity representing the villagers of Keeranipatti.

(3.) THE Third Defendant viz., Tahsildar, Karaikudi has filed the Written Statement reiterating that Suit S.Nos.174/5 and 174/10 are common Pathway for the villagers and the First Defendant is an encroacher and on representation from the villagers, steps are being taken to remove the encroachment.