MANICKA PADAYACHI Vs. R VAITHILINGAM

JUDGEMENT

(1.) THIS second appeal is focussed by the original first defendant, animadverting upon the judgement and decree dated 07.04.1996 passed by the learned Principal Subordinate Judge, Cuddalore in A.S.No.163 of 1993 confirming the judgement and decree dated 17.06.1993 passed by the learned District Munsif, Panruti in O.S.No.794 of 1986, which was a suit for declaration and permanent injunction. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(2.) THE original plaintiff Vaithilingam filed the suit O.S.No.794 of 1986 as against two defendants including the second appellant/D1 herein for declaration of his title over the suit property and for obtaining injunction, so as to restrain the defendants from interfering with his right over the suit property. THE defendants entered appearance and D1 filed the written statement resisting the suit. D2 remained absent and hence she was set exparte.

(3.) HEARD both sides.