VEMBURAJ ALIAS THENDRALADIAN Vs. T PARAMASIVAM

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.318 of 2005, on the file of I Additional Subordinate Court, Trichirappalli, setting aside the judgment and decree passed in O.S.No.1841 of 1997, on the file of III Additional District Munsif Court, Trichirappalli and remanding the matter to the trial Court for fresh consideration, the appellant/first defendant has filed the above appeal.

(2.) During the pendency of the appeal, the appellant/first defendant had expired and his legal representatives were brought on record as appellants 2 to 5.

(3.) The first respondent/plaintiff filed the suit in O.S.No.1841 of 1997 for mandatory injunction. Before the trial Court, on the side of the plaintiff, the plaintiff was examined as P.W.1 and nine documents, viz., Ex.A1 to Ex.A9 were marked. On the side of the defendants, the first defendant was examined as D.W.1, however, no document was marked. The trial Court, after taking into consideration the oral and documentary evidences let in by the parties, dismissed the suit. Aggrieved over the same, the plaintiff preferred an appeal in A.S.No.318 of 2005, on the file of Subordinate Court, Trichirappalli.