JUDGMENT

Abhay Manohar Sapre, J.

1) This appeal is directed against the final judgment and order dated 23.12.2004 passed by the Madras High Court (Madurai Bench) in Second Appeal No.19 of 1995 whereby the High Court allowed the second appeal and set aside the order of the lower Appellate Court.

2) It is not necessary to set out the entire facts of the case in detail except to the extent necessary for the disposal of the appeal.

3) The appellant is the plaintiff and the respondents are the defendants. The appellant and the respondents are members of one family and are thus related to one another.

4) The suit out of which this appeal arises was for a declaration and permanent injunction in relation to certain immovable properties as specified in the plaint, which are alleged to belong to members of the family. The respondents contested the suit.

5) By judgment/decree dated 29.04.1991 in O.S. No.236 of 1989, the Trial Court dismissed the appellant's suit. The appellant felt aggrieved and filed first appeal before the District Judge. By judgment/decree dated 07.03.1994, the first Appellate Court allowed the plaintiff's appeal and decreed the suit. The defendants felt aggrieved and filed sec