VEERARAGHAVA CHETTIAR Vs. POWNKASI

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 03.01.2017 made in A.S.No.2 of 2015 on the file of the Sub Court, Madurantakam, confirming the judgment and decree dated 03.09.2014 made in O.S.No.209 of 2009 on the file of the District Munsif, Madurantakam.

(2.) The defendant who lost in both the Courts below is the appellant and respondents are the plaintiffs 2 to 5 in O.S.No.209 of 2009 on the file of the District Munsif, Madurantakam. Originallly one P.Murugesan/deceased first plaintiff filed the said suit for declaration, declaring the 'B' Schedule property as a Narasam and the said P.Murugesan is having right of enjoyment on it, consequential injunction restraining the appellant from interfering or obstructing or blocking the 'B' schedule Narasam and thereby restricting P.Murugesan's right of enjoyment in any manner. Subsequently, the plaint was amended to include the decree of mandatory injunction to direct the appellant to remove the illegal construction over the suit 'B' Schedule property within the time stipulated by this Court, failing which the same may be removed through process of law.

(3.) Pending suit, the said P.Murugesan died. The respondents were brought on record as his legal heirs vide order dated 10.12.2013 made in I.A.No.1547 of 2013.