JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 23.02.2013 made in A.S.No.72 of 2009 on the file of the First Additional Sub Court, Erode confirming the judgment and decree dated 30.10.2009 made in O.S.No.385 of 2002 on the file of the Second Additional District Munsif Court, Erode.)

1. This matter is taken up for hearing through Video-Conferencing. The plaintiff in OS No. 385 of 2002 whose suit for bare injunction was dismissed by the Trial Court, upon the confirmation of the said judgment and decree by the Lower Appellate Court in AS No.72 of 2009, has come with this Second Appeal.

2. The plaintiff sought for a permanent injunction restraining the respondents/defendants from interfering with his possession of an extent of 2 acres 60 cents of land in Survey No.239 of Erode village and taluk. The description in the plaint reads as follows:

Erode Taluk, Erode Village, outside the Municipal limit, SF No.239 Punja acre 5.20 kist Rs.5.14.0, in which 2 acres 60 cents on the northern half situated within the following boundaries.”

It is therefore clear that the plaintiff sought for an injunction in respect of an e