K VELAYUDHAM PILLAI Vs. T VELAYUTHAM PILLAI DIED

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the judgment and decree dated 25.09.2001 passed in Appeal Suit No.19 of 1996 by the First Additional Subordinate Court, Padmanabhapuram.

(2.) THE deceased by name Velayuthan as plaintiff has instituted Original Suit No.6 of 1992 on the file of the Additional District Munsif Court, Padmanabhapuram, for the relief of perpetual injunction, wherein the present appellants have been shown as defendants.

(3.) ON the basis of the rival pleadings raised on either side, the trial Court has framed necessary issues and after contemplating both the oral and documentary evidence, has dismissed the suit with costs. Aggrieved by the judgment and decree of the trial Court, the deceased plaintiff as appellant has filed Appeal Suit No.19 of 1996 on the file of the First Additional Subordinate Court, Padmanabhapuram. The first appellate Court, after hearing both sides and upon perusing the available records, has allowed the appeal and thereby set aside the judgment and decree passed by the trial Court and consequently decreed the suit. Against the judgment and decree passed by the first appellate Court, the present second appeal has been filed at the instance of the defendants as appellants.