P. SACHITHANANTHAM Vs. ARIVALAGAN

JUDGEMENT

(1.) The appellant is the plaintiff in O.S. No. 96 of 2005 on the file of the District Munsif Court, Thiruvaiyaru. He has filed the suit as against the respondent for the relief of permanent injunction restraining the defendant and his men from in any way interfering with his peaceful possession of the suit property and for cost. The learned District Munsif, Thiruvaiyaru, by judgment and decree dtd. 30/7/2008, decreed the suit without cost.

(2.) Aggrieved over the said finding, the defendant/respondent filed an appeal in A.S. No. 52 of 2008 before the learned Additional Subordinate Judge, Thanjavur, seeking the relief to set aside the judgment and decree passed by the learned District Munsif, Thiruvaiyaru. The learned Additional Subordinate Judge, Thanjavur, by judgment and decree dtd. 17/4/2009 allowed the appeal and set aside the decree granted in favour of the plaintiff. Feeling aggrieved by the same, the appellant/plaintiff has filed the present Second Appeal.

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