- (1.)THIS Second appeal is focussed by some of the defendants animadverting upon the judgment and decree dated 31.8.2012 passed by the Subordinate Judge, The Nilgiris, in A.S.No.57 of 2011 in confirming the judgment and decree dated 18.2.2010 passed by the District Munsif cum Judicial Magistrate, Coonoor, in O.S.No.127 of 2001, which was one for permanent injunction.
(2.)THE parties are referred to hereunder according to their litigative status and ranking before the trial Court.
Compendiously and concisely, the germane facts absolutely necessary for the disposal of this Second Appeal, would run thus:

(a)The first respondent herein, as plaintiff, filed the suit for bare injunction in respect of the property described in the schedule of the plaint, which admittedly belonged to the Government. (b)According to the plaintiff, he has been in possession and enjoyment of the suit property for a pretty long time and cultivating tea. While so, during the month of September 1998, the defendants attempted to trespass into the suit property and cut the trees thereon planted by the plaintiff. They also attempted to make such trespass in the month of May, August, October and November 2001. (c)It is also the case of the plaintiff that earlier one suit was filed in O.S.No.194 of 1986, which was subsequently dismissed for default. Accordingly, the plaintiff prayed for injunction.

(3.)PER contra, the 8th defendant filed the written statement, which was adopted by D1, D4, D6 and D7, challenging and impugning the averments/allegations in the plaint; the gist and kernel of them would be to the effect that the earlier suit filed by the plaintiff was dismissed for default and the subsequent suit was not tenable; the plaintiff has not been in possession and enjoyment of the suit property; D8 has been in possession and enjoyment of the suit property and planted tea and also her farmhouse is situated there, where her husband stays and wards off straying cattle and wild pig.