JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 28.09.2012 made in A.S.No.35 of 2012 on the file of the Principal Sub Court, Erode, reversal of the judgment and decree dated 29.11.2011 made in O.S.No.18 of 2010 on the file of the First Additional District Munsif, Erode.)

1. This Second Appeal has been filed by the plaintiff against the judgment and decree passed by the Principal Sub-Judge, Erode, in A.S.No.35 of 2012 dated 28.09.2012 reversing the judgment and decree passed by the First Additional District Munsif Court, Erode, in O.S.No.18 of 2010 dated 29.11.2011.

2. The appellant herein had filed a suit in O.S.No.18 of 2010 on the file of the First Additional District Munsif, Court, Erode, to restrain the defendant, his men, etc., from trespassing into the suit property or disturbing his peaceful possession and enjoyment of the same by means of permanent injunction. The learned First Additional District Munsif, Erode, by the judgment dated 29.11.2011 had decreed the said suit without costs. Aggrieved by the same, the defendant had filed an appeal in A.S.No.35 of 2012 on the file of the Principal Sub-Judge, Erode. The learned