1. This Second appeal is focussed animadverting upon the judgment and decree dated 21.12.2012 passed in A.S.No.145 of 2012 by the learned II Additional Judge, City Civil Court, Chennai, reversing the judgment and decree of the learned XII Assistant Judge, City Civil Court, Chennai in O.S.No.6053 of 2009. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

2. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this Second Appeal would run thus:

(a) The plaintiff/Khaja Mohiddin filed the suit as against Govind Singh/the defendant seeking the following reliefs as per the amended plaint:

"(i) For a permanent injunction restraining the defendant, their man, agents, representatives and whomsover claiming under his from putting up any kind of further construction including raising the pavement either permanent or temporary in nature in the common passage situated on the western side and southern side of the suit schedule property;

(ii) For a permanent injunction restraining the defendant, their man, agents, representatives and whomsoever claiming under him from interfering with th