R PANNERSELVAM Vs. A SUBRAMANIAN

JUDGEMENT

(1.) THIS Second Appeal is filed against the judgment and decree dated 26.11.2008 passed by the learned Subordinate Judge, Namakkal in A.S. No.172 of 2005 reversing the judgment and decree dated 06.02.2004 passed by the learned Additional District Munisiff, Namakkal in O.S. No.188 of 2002.)1. THIS Second Appeal is focussed by the plaintiff, animadverting upon the judgment and decree dated 26.11.2008 passed by the learned Subordinate Judge, Namakkal in A.S. No.172 of 2005 reversing the judgment and decree dated 06.02.2004 passed by the learned Additional District Munsif, Namakkal in O.S. No.188 of 2002. 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.) AVOIDING discursive delineation and detailing of the facts in view of both the Courts below having set forth the cases of the respective parties at length, the summation and summarisation of relevant factual scenario, which is absolutely necessary and germane for the disposal of this Second Appeal could be portrayed thus:The plaintiff/appellant filed the Suit O.S. No.188 of 2002 seeking permanent injunction as against the defendants. Whereas the defendants entered appearance and resisted the Suit as though the defendants have been in possession and enjoyment of the Suit property.

(3.) HEARD the learned Counsel appearing on both the sides.