BALA SUBRAMANIA ASARI Vs. VEERASAMY NAICKER

JUDGEMENT

(1.) S. A. NOS. 381 of 2000 and 382 of 2000 are focussed as against the judgment and decree dated 29. 07. 1999, passed in A. S. Nos. 91 of 1997 and 95 of 1997 on the file of the Additional Sub Court, Tenkasi, confirming the judgment and decree dated 16. 07. 1997, passed in O. S. No. 449 of 1991 on the file of the learned additional District Munsif, Sankarankoil.

(2.) THE parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

(3.) PITHILY and precisely, the case of the plaintiff could be set out thus: the plaintiff is owning the property including his house described in the first schedule of the plaint for which he has been using the street which was running from west to east in between the properties of the defendants 1 and 2. In fact, the said west to east street branches from the north to south road and proceeds towards east. The defendants without any manner of right is trying to cause obstruction to such right of the plaintiff over the said west to east public street. The second defendant illegally had put up a structure encroaching upon the said street abetting his property. Hence, the suit was filed seeking the reliefs of prohibitory injunction as well as mandatory injunction.