This second appeal is focused by the original plaintiff, animadverting upon the judgment and decree dated 30.04.2008 passed in A.S.No.26 of 2007 by the Subordinate Court, Vellore, confirming the judgment and decree of the trial Court, namely, Additional District Munsif Court, Vellore, in O.S.No.780 of 2005. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

2. Pithily and precisely, tersely and briefly, avoiding discursive delineation of facts in view of the case of both sides having been set out in detail in the judgments of both the Courts below, I would like to set out the germane facts thus:

The second appellant/plaintiff herein filed the suit O.S.No.780 of 2005 seeking the relief of declaration of title and permanent injunction in respect of an immovable property. While so, the defendant entered appearance and filed the written statement setting out the relevant facts including the pendency of E.A.No.478 of 2005 in the Court concerned regarding the same subject matter of the suit property. Whereupon, the trial Court took up preliminary issue as to the maintainability of the suit in view of Order 21