RAMASAMY GOUNDER Vs. OOMATHURAI GOUNDER

JUDGEMENT

(1.) THE appellants here filed a suit in O.S.No,2400 of 1987 as against the respondents herein praying for a declaration that item 2 in schedule A measuring 1 cent should the kept in tact without any cultivation and for consequential relief of permanent injunction. THE appellants also sought for mandatory injunction for removing the heap of stones in item 2 under schedule A by the respondents.

(2.) THE respondents filed a suit as against the appellants in O.S.No.1102 of 1987 praying for an order of injunction restraining the appellants herein from making an attempt to use the passage and also for declaration that the respondents are the owners of 'kodikkal' described in item 2 in the said suit and also for permanent injunction restraining the appellants from causing damage or from interfering with the use of the said 'kodikkal' by the respondents.

(3.) IT is found that the prayers sought for by the appellants in O.S.No,2400 of 1987 were granted by the Trial Court. No appeal was preferred by the respondents as against the judgment went in favour of the appellants in O.S.No,2400 of 1987 or the dismissal of the prayer for permanent injunction sought for by the respondents with respect to the first item of the suit property in O.S.No.1102 of 1987. Now, the entire dispute revolves around only the water course (kodikkal).