K NARAYANAN Vs. LAKSHMI

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the judgment and decree dated 24.09.1999 passed in A.S.No.142 of 1997, on the file of the Sub Court, Gobichettipalayam, which confirmed the judgement and decree dated 30.09.1997, made in O.S.No.246 of 1995 on the file of the District Munsif Court, Sathyamangalam.

(2.) The appellant herein has filed a suit in O.S.No.246 of 1995 on the file of the District Munsif Court, Sathyamangalam, for permanent injunction restraining the respondents herein from interfering with his peaceful possession and enjoyment of suit 'A' schedule property, to declare his easementary right to use the suit 'B' schedule property as cart track and consequently to grant permanent injunction restraining the respondents herein from obliterating the cart track, which is running in the suit 'B' schedule property. The learned District Munsif by his judgment dated 30.09.1997 decreed the suit and granted permanent injunction in respect of the suit 'A' schedule property, but he dismissed the suit in respect of the suit 'B' scheduled property.

(3.) Aggrieved by the aforesaid judgment and decree, the plaintiff has filed an appeal in A.S.No.142 of 1997 and the defendants have filed an appeal in A.S.No.26 of 1999 on the file of the Sub-Court, Gobichettipalayam. The learned Sub-Judge by his common judgment dated 24.09.1999 has dismissed both the appeals confirming the judgment and decree of the trial Court. As against the same, the plaintiff has filed the present second appeal. For the sake of convenience, the parties are referred to as described before the trial Court.