The Second Appeal has been preferred against the Judgment and Decree, dated 211. 2007 made in A.S.No.13 of 2007 on the file of the District Judge, Nilgris, reversing the Judgment and Decree, dated 14.08.2007 made in O.S.No.55 of 2005 on the file of the Subordinate Judge, Nilgris at Udhagamandalam.

2. The defendant before the trial court is the appellant herein. It is seen that the suit was filed by the respondent herein, seeking mandatory injunction to remove the alleged encroachment made in "A" schedule property of the plaint and for permanent injunction against the defendant, his men etc., from parking vehicles in the alleged common road of 14 feet width described as "B" schedule of the suit property and also for costs.

3. After the trial, the suit was dismissed by the trial court without costs. Aggrieved by which, the plaintiff preferred an appeal. The appellate court, by its Judgment and Decree, dated 211. 2007 allowed the appeal, by reversing the Judgment and Decree passed by the trial court and granted mandatory injunction, directing the appellant / defendant to vacate the encroachment caused by him on the common road by erecting gate pillars and sliding gate whic