S. J. KALAPPA MODALIAR Vs. DIST COLLECTOR CHITTOOR

JUDGEMENT

(1.) This Second Appeal was filed by the Appellants/Respondents Respondents 1, 7 to 9/Plaintiff under Sec. 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dtd. 7/12/1999 passed in A.S.No.78 of 1990 on the file of Senior Civil Judge, Puttur (for short, 'the First Appellate Court') reversing the Judgment and decree, dtd. 1/6/1988 passed in O.S.No.38 of 1987 on the file of District Munsif Magistrate Magistrate, Nagari (for short 'the Trial Court').

(2.) The 1st Appellant is the Plaintiff, who filed the suit in O.S.No.38 O.S.No. of 1987 for permanent injunction restraining the Defendants, their men and servants or nominees from causing any disturbance to the Plaintiff's peaceful possession and enjoyment of the plaint schedule properties. 1 st Respondent / Appellant is the 6th Defendant in the said suit. Respondents 2 to 6 are Defendants 1 to 5, who remained ex parte in the suit proceedings.

(3.) It is prudent to refer to the parties as they are initially presented in the suit O.S.No.38 of 1987 to minimize any potential confusion and to enhance the understanding of the case.