K. ERASAN Vs. K. NARAYANA SWAMY

JUDGEMENT

(1.) The plaintiffs before the learned trial Court filed this second appeal under Sec. 100 C.P.C. The respondents herein are the defendants. O.S.No.1240 of 2002 was a suit for granting permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiffs over the plaint schedule property. After due trial, the learned II Additional Junior Civil Judge, Chittor decreed the suit in favour of the plaintiffs and against the defendants. Aggrieved defendants filed A.S.No.81 of 2006 and the learned Principal District Judge, Chittoor allowed the appeal and set aside the trial Court's judgment and as a consequence dismissed the suit.

(2.) It is against that, the plaintiffs have come up with this second appeal. Originally, it was a suit filed by sole plaintiff as against defendant Nos.1 and 2. During the pendency of the suit, the original plaintiff died and his legal representatives came on record and they pursued the litigation all throughout.

(3.) On 18/6/2012 this second appeal was admitted on the substantial question of law as mentioned below: