JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of Subordinate Judge Court, Kallakurichi dated 15.07.2008 in A.S.No.21 of 2005 confirming the judgment and decree of Additional District Munsif-II, Kallakurichi in O.S.No.976 of 2000 dated 24.11.2004).

1. Challenge in this second appeal is made to the judgment and decree dated 15.07.2008 passed in A.S.No.21 of 2005 on the file of the Subordinate Court, Kallakurichi, confirming the judgment and decree dated 24.11.2004 passed in O.S.No.976 of 2000 on the file of the Additional District Munsif Court -II, Kallakurichi.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. The defendant in O.S.No.976 of 2000 is the appellant in this second appeal.

4. Suit for permanent injunction.

5. The case of the plaintiffs in brief is that the suit properties are the ancestral properties of their father Anthoni Muthu and the same had been allotted to Anthoni Muthu by way of a partition and a joint patta had also been issued by the Tahsildar on 09.07.1994 in favour of Anthoni Muthu and by way of a registered partition deed dated 17.04.2000 entered into bet