JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 08.08.2007 made in A.S.No.23 of 2004 on the file of the First Additional Subordinate Court at Coimbatore filed against the Judgment and Decree dated 08.03.2004 made in O.S.No.2232 of 1994 on the file of the III Additional Munsif Court at Coimbatore by reversing the judgment made in suit.)

1. The plaintiff in O.S.No.2232 of 1994 on the file of III Additional Munsif Court at Coimbatore, having succeeded before the trial Court, but lost before the first Appellate Court in A.S.No.23 of 2004 has come before this Court. The suit is laid for mandatory injunction. Parties would be referred to by their rank before the trial court.

2. The facts leading to this case are in narrow compass:

The suit property is described as a narrow strip of land measuring 2' X 58' running north to south. The properties of the plaintiff and the defendant lie adjacently, and the defendant's property lie to the east of plaintiff's property. The aforesaid suit property lies between these two properties and controversy now required to be addressed in this appeal is in whose property the suit pr