ARANGASAMY Vs. VALARMATHY

JUDGEMENT

(1.) THIS second appeal is focussed by the plaintiff, animadverting upon the judgment and decree dated 27.10.2006 passed in A.S.No.37 of 2006 by the Sub-Court, Nagapattinam, confirming the judgment and decree dated 12.4.2006 passed by the District Munsif, Nagapattinam, in O.S.No.12 of 2003, which was filed for mandatory injunction.

(2.) THE appellant herein as plaintiff filed the suit O.S.No.12 of 2003 seeking mandatory injunction to remove the construction put up by the defendants in the suit pathway and also to restrain the defendants from interfering with the use of the pathway by the plaintiff on the main ground that ever since he acquired the property, to the East of the suit pathway, he has been using it for ingress and egress to his property and that his predecessor in title, namely, his vendor also was using the same.

(3.) ULTIMATELY, the trial Court dismissed the suit, as against which, the plaintiff preferred the appeal A.S.No.37 of 2006, which was also dismissed by the first appellate Court, confirming the judgment and decree of the trial Court.