SWAMYNATHAN Vs. DHANALAKSHMI

JUDGEMENT

(1.) Aggrieved over the concurrent findings made in O.S. No.62 of 2002, on the file of the Additional District Munsif Court, Thoothukudi and in A.S.No.161 of 2005, on the file of the Sub Court, Thoothukudi, the appellant, who is the defendant in the suit, filed this present Second Appeal. Before the trial Court the plaintiff filed the suit and seeking the relief of declaration, declaring that the plaintiff is exclusively entitled to the 2nd and 3rd schedule wall and consequently, restraining the defendant and his men and agents from interfering with the possession and enjoyment of 3rd schedule wall by putting up any construction, touching or resting on the 3rd schedule wall. Further, in the said suit, he prayed the relief of mandatory injunction to remove the construction put up by the defendant touching the 2nd schedule wall.

(2.) By Judgment and decree dated 06.10.2004, the learned Additional District Munsif, Thoothukudi, partly decreed the suit, granting the relief of declaration and permanent injunction with respect to the hallow bricks wall to the extent of 36 feet in the 3rd schedule property. However, he dismissed the suit in respect to other reliefs sought for by the plaintiff. Aggrieved over the said findings, the appellant / defendant filed an appeal before the Sub-Court, Thoothukudi in A.S.No.161 of 2005. By Judgment and Decree, dated 29.11.2008, the learned Subordinate Judge, Thoothukudi, dismissed the appeal and confirmed the trial Court Judgment.

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