STATE OF TAMIL NADU Vs. NAGARAJAN

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree, dated 24.4.2006, made in A.S. No. 31 of 2006, on the file of the Principal Subordinate Court, Mayiladuthurai, confirming the judgment and decree, dated 19.1.2006, made in O.S. No. 404 of 2004, on the file of the Additional District Munsif Court, Mayiladuthurai.

(2.) The Defendants in the suit, in O.S. No. 404 of 2004, are the Appellants in the present second appeal. The Plaintiff had filed the suit praying for a decree of permanent injunction restraining the Defendants 2 and 3 therein from, in any way, causing interference in the Plaintiffs possession and enjoyment of the suit property and to pass a decree for mandatory injunction directing the Defendants 2 and 3 to restore back the building, which had been demolished, to its original position, as it stood prior to 31.12.2003, within a period fixed by the Court and for costs.

(3.) Based on the pleadings of the parties to the suit, the trial Court had framed the following issues for consideration: