SENGOTTAIYAN Vs. PALANI MOOPPAN ALIAS PALANISAMY

JUDGEMENT

(1.) (Prayer: This Second Appeal is filed against he Judgment and decree dated 10.06.2008 passed by the learned I Additional Subordinate Judge, Erode in A.S. No.84 of 2006 confirming the judgment and decree dated 31.3.2006 passed by the learned First Additional District Munisif, Erode in O.S. No.36 of 2003.) 1. This Second Appeal is focused by the defendants, animadverting upon the judgment and decree dated 10.6.2008 passed by the learned I Additional Subordinate Judge, Erode in A.S. No.84 of 2006 confirming the judgment and decree dated 31.3.2006 passed by the learned First Additional District Munsif, Erode in O.S. No.36 of 2003. For convenience sake, the parties are referred to here under according to their litigative status and ranking in the party array before the Trial Court.

(2.) THE respondent/plaintiff, filed the Suit O.S. No.36 of 2003 seeking declaration, mandatory and permanent injunction as against the defendants. THE defendants entered appearance. D2 filed the written statement resisting the Suit, which was adopted by D1 and D3; whereupon, the Trial Court framed the necessary issues, based on the pleadings.

(3.) HEARD the learned Counsel appearing for the appellants/defendants and the learned Counsel for the first respondent/plaintiff.