VEERAPPA GOUNDER (DECEASED) Vs. NACHIMUTHU

JUDGEMENT

(1.) This second appeal has been filed by the defendants against the Judgment and decree passed by the Principal District Judge, Erode in A.S.No.318 of 1997 dated 25.06.1998 reversing the Judgment and Decree passed by the Sub- Judge, Bhavani, in O.S.No.634 of 1996 dated 01.08.1997.

(2.) The first respondent herein has filed a suit in O.S.No.634 of 1996 on the file of the Sub-Judge, Bhavani, to restrain the appellants herein from interfering with his peaceful possession and enjoyment of the properties situated in R.S.No.115/3 of Andhiyur Village, Bhavani Taluk measuring about 1.46.5 hectares (old SR.No.1331/3 measuring about 3.56 acres) and in R.S.No.109/3 of the same village measuring about 1.90.5 hectares (old SR.No.1334/2) in which 2.54 acres on the southern side. The appellants herein have filed a suit in O.S.No.589 of 1996 on the file of the Sub-Judge, Bhavani, to restrain the first respondent herein from interfering with their peaceful possession and enjoyment in respect of the properties situated in R.S.No.115/3 of Andhiyur village measuring about 2.45 acres and to direct the first respondent herein to lay a cart track by way of mandatory injunction.

(3.) The learned Sub-Judge, Bhavani, has tried both the suits jointly and disposed of them by a common judgment dated 01.08.1997. The learned Sub-Judge, Bhavani, has decreed the suit in O.S.No.589 of 1996 partly and granted permanent injunction, however, he dismissed the said suit in respect of the mandatory injunction. In O.S.No.634 of 1996, the learned Sub-Judge, Bhavani, has granted a decree for permanent injunction in respect of the property situated in R.S.No.109/3 and in so far as R.S.No.115/3 is concerned, permanent injunction was granted only for the extent of 1.11 acres. In respect of remaining properties, he has dismissed the said suit.