R CHANDRA GUPTA Vs. V MEHANATHAN

JUDGEMENT

(1.) Second Appeals are filed against the judgment and decree dated 06.01.2017 made in A.S.Nos.345, 343, 344 and 346 of 2015 on the file of the XV Additional City Civil Court, Chennai, reversing the judgment and decree dated 28.07.2015 made in O.S.Nos.668 of 2003, 6411 of 2002, 822 and 669 of 2003 respectively, on the file of the XII Assistant City Civil Court, Chennai.

(2.) The appellants, who succeeded before the trial Court and lost before the First Appellate Court, have come out with the present Second Appeals. The appellants are plaintiffs and respondents are defendants in O.S.Nos.668 of 2003, 6411 of 2002, 822 and 669 of 2003. The facts and issues involved in all the four Second Appeals are one and the same and they are disposed of by this common judgment. The parties are referred to as per their ranks in the suits.

(3.) The plaintiffs originally filed suits for declaration that the plaintiffs are the absolute owners of the suit properties, permanent injunction restraining the defendants 1 to 10 not to disturb peaceful possession and enjoyment of the suit properties by the plaintiffs and for permanent injunction restraining the defendants 1 to 10 from selling the suit properties. Subsequently, by amendment, they included the relief of mandatory injunction directing the defendants 1 to 10 to demolish and remove the compound wall put up by the defendants 1 to 10 on the northern and southern side of the larger extent of properties, mandatory injunction directing the defendants 1 to 10 to remove the iron gate erected and put up on the southern side of the larger extent of the suit properties, for mandatory injunction directing the defendants 1 to 10 to remove the temporary thatched two huts put in the larger extent of the properties and permanent injunction restraining the defendants 1 to 10 in any manner interfering with the possession of the larger extent of the properties including the suit properties or in any manner changing the physical features of the said properties by putting up any further constructions or alterations to change the physical features of the larger extent of the properties and thereby, in any manner hamper or diminish the absolute right claim entitlement and usage of the suit properties by the plaintiffs, as per the orders dated 02.07.2012 made in I.A.No.18342 of 2011 in O.S.No.668 of 2003, I.A.No.18334 of 2011 in O.S.No.6411 of 2002, I.A.No.18336 of 2011 in O.S.No.822 of 2003 and I.A.No.18338 of 2011 in O.S.No.669 of 200