DURAIRAJ Vs. MURUGAN

JUDGEMENT

(1.) Heard Mr.G.Prabhu Rajadurai, learned counsel appearing for the appellants and Mr.H.Arumugan, learned counsel appearing for the respondents 1 and 3 to 9.

(2.) This appeal is filed against the Judgment and Decree passed in A.S.No.118 of 2007 dated 02.12.2008 on the file of the learned 1st Additional Sub Judge, Tirunelveli reversing the Judgment and decree passed in O.S.No.89 of 2006 dated 05.10.2007 on the file of the learned District Munsif, Tirunelveli.

(3.) The appellants herein are the legal heirs of the deceased plaintiff and the respondents 1 to 3 herein are the defendants 1 to 3 in the suit. The respondents 4 to 9 are the legal heirs of the deceased second respondent/second defendant. One Durairaj has filed a suit in O.S.No.89 of 2006 before the learned District Munsif, Tirunelveli for a prayer of declaration and for permanent injunction and the suit was decreed by the learned District Munsif in favour of the deceased plaintiff. Against that Judgment and decree, the defendants 1 to 3 preferred an appeal in A.S.No.118 of 2007 before the learned Sub Judge, Tirunelveli and the appeal was allowed by setting aside the Judgment and decree passed by the trial Court. Against which, the appellants have come forward with this second appeal.