RAJAGOPAL (DIED) Vs. DURAISAMY (DIED)

JUDGEMENT

(1.) This Second Appeal has been filed by the Appellants / Plaintiffs against the Judgment and Decree, dated 25.04.2018 in A.S.No.51 of 2007, on the file of the Sub-Court, Pudukkottai, in reversing the Judgment and Decree in O.S.No.32 of 1999, dated 27.07.2006, on the file of the District Munsif Court, Aranthangi.

(2.) The plaintiff had fled a suit in O.S.No.32 of 1999, before the learned District Munsif, Aranthangi, for the relief of declaration, declaring that the plaintiff is having every right to use the suit pathway and for the relief of injunction, restraining the defendant and other persons, from in any way interfering with his peaceful possession and enjoyment of the suit property. The learned District Munsif, Aranthangi, by the Judgment and Decree, dated 27.07.2006, had allowed the suit with costs. Aggrieved by the same, the defendant had filed an appeal before the learned Subordinate Judge, Pudukkottai in A.S.No.51 of 2007. The learned Subordinate Judge, Pudukkottai, by Judgment and Decree, dated 25.04.2008, had allowed the appeal, by setting aside the Judgment and Decree passed by the learned District Musnif, Aranthangi, in O.S.No.32 of 1999. Feeling aggrieved by the same, the appellants / plaintiffs have filed the present Second Appeal.

(3.) For the sake of convenience, the parties are referred to as, as described before the trial Court.