K N PATTABIRAMAN Vs. PARAMAKUDI ARASARADI

JUDGEMENT

(1.) This second appeal has been filed by the appellants/defendants against the Judgment and Decree dated 28.11.2008 made in A.S.No.39 of 2004 on the file of Subordinate Court, Paramakudi reversing the Judgment and Decree dated 30.01.2004 made in O.S.No.161 of 1998 on the file of the learned District Munsif, Paramakudi.

(2.) The respondents/plaintiffs herein have filed a suit in O.S.No.161 of 1998 on the file of the learned District Munsif, Paramakudi, seeking for the relief of declaration declaring that the suit schedule property is a track of Paramakudi Arasaradi Sri Yoga Muneeswarar Temple and also for the consequential relief of mandatory injunction for removing the construction put up by the appellants/defendants in the suit schedule property and also for recovery of possession in respect of the suit property. The learned District Munsif, Paramakudi by judgment and Decree dated 30.01.2004, had dismissed the suit.

(3.) Aggrieved by the same, the respondents/plaintiffs have filed an appeal in A.S.No.39 of 2004 on the file of the learned Subordinate Judge, Paramakudi. The learned Subordinate Judge, Paramakudi by judgment and decree dated 28.11.2008 had allowed the said appeal and set aside the judgment and decree dated 30.01.2004 passed by the trial Court and granted the relief of declaration declaring that the suit schedule property is the property of Paramakudi Arasaradi Sri Yoga Muneeswarar Temple and consequently, directed the defendants to remove the construction put up in the suit schedule property. The learned Subordinate Judge, Paramakudi, has directed the parties to bear their respective costs. Feeling aggrieved by the same the appellants/defendants have filed the present Second Appeal.