JAYA SHANMUGHASUNDARAM Vs. M K VADIVEL

JUDGEMENT

(1.) The unsuccessful plaintiffs in O.S.No.554/93 on the file of the District Munsif Court-cum-Judicial Magistrate, Omalur, are the appellants herein. The plaintiffs initially filed a suit for permanent injunction restraining the defendant Mr.M.K.Vadivel (since deceased) from interfering with their (plaintiffs') possession and enjoyment over the suit property. The suit property is described in the plaint schedule as a vacant site situate in door No.3, second Ward, Tharamangalam, Omalur Taluk, Salem District, measuring 60.04 feet X 28.04 feet. The plaintiffs have also prayed for a mandatory injunction directing the defendant to remove the encroachments made by him in the suit property.

(2.) During the pendency of the Second Appeal, the sole respondent died and his legal heirs were impleaded as respondents 2 and 3. No appearance on behalf of the respondents 2 and 3.

(3.) For the sake of convenience, the parties are called as per their ranking in the trial Court.