CHOKKAPPAN Vs. SUBRAMANI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is preferred against the fair and decretal order of remand dated 19. 10. 2006 made in A. S. No. 5 of 2006 on the file of Principal Sub Judge, Gobichettipalayam, reversing the judgment and decree dated 10. 3. 2005 made in O. S. No. 100 of 1995 on the file of the District munsif, Sathyamangalam.

(2.) THE appellant herein, who is plaintiff in O. S. No. 100 of 1995, filed the suit for declaration of title to the suit property and to restrain the defendants by means of a permanent injunction from disturbing the peaceful possession and enjoyment of the suit property and by means of a mandatory injunction to remove the encroachment of 42. 8 sq. ft. in the first item and 235. 3 sq. ft. in the second item and to fence the building with the above extent and to deliver possession of the above portion after removing the encroachment.

(3.) ON the said pleadings the trial Court framed issues as to whether the plaintiff is entitled to declaration of title and permanent injunction as sought for and whether the plaintiff is entitled to mandatory injunction and recovery of possession as prayed for.