MANONMANI Vs. D SELVARAJ

JUDGEMENT

(1.) This second appeal has been filed by the defendants against the Judgment and Decree passed by the 1st Additional District Judge cum Chief Judicial Magistrate, Coimbatore in A.S.No.41 of 1999 dated 06.08.1999 reversing the Judgment and Decree passed by the III Additional District Munsif, Coimbatore in O.S.No.2186 of 1994 dated 10.12.1998.

(2.) The respondent herein has filed a suit in O.S.No.2186 of 1994 on the file of the III Additional District Munsif, Coimbatore, for permanent injunction to restrain the defendants, their men, agents, etc., from interfering with his peaceful possession and enjoyment of the suit property. The learned District Munsif has dismissed the said suit with cost by the Judgment dated 10.11998. Aggrieved by the same, the plaintiff has filed an appeal in A.S.No.41 of 1999 on the file of the 1st Additional District Judge -cum- Chief Judicial Magistrate, Coimbatore. The learned 1st Additional District Judge-cum-Chief Judicial Magistrate, Coimbatore, by his Judgment dated 06.08.1999, has allowed the said appeal with cost and set aside the Judgment and Decree passed by the Trial Court and decreed the suit as prayed for with cost. As against the same, the defendants have preferred the present second appeal. For the sake of convenience, the parties are referred to as described before the trial court.

(3.) The averments made in the plaint, are in brief, as follows: