CHARLES Vs. S.MUTHU

JUDGEMENT

(1.) This Second Appeal has been directed against the Judgment and Decree, dated 17.10.2008, passed in A.S.No.181 of 2004, on the file of the II Additional Sub-Court, Madurai, reversing the Judgment and Decree, dated 28.03.2003, passed in O.S.No.238 of 2000, on the file of the District Munsif Court, Madurai Taluk.

(2.) The appellants are the respondents 2 and 3 and defendants 2 and 3 respectively in A.S.No.181 of 2004, on the file of the learned II Additional Sub Judge, Madurai and in O.S.No.238 of 2000, on the file of the learned District Munisf, Madurai Taluk.

(3.) Before the trial Court, the 1st respondent / Plaintiff S.Muthu filed a suit in O.S.No.238 of 2000, seeking the relief of passing a preliminary decree for partition and separate possession for his 1/3rd share in the suit property and also for the relief of permanent injunction. By Judgment and Decree, dated 28.03.2003, the learned District Munsif, Madurai Taluk at Madurai, dismissed the suit with costs.