JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.9/93 dated 24.09.1998 on the file of the Sub-Court, Tuticorin, reversing the judgment and decree made in O.S.No.569 of 1991 dated 28.07.1992 on the file of the Addl. District Munsif Court, Tuticorin.

Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.23 of 2000 on the file of Additional District Judge and Chief Judicial Magistrate, Tuticorin dated 20.07.2000 confirming the judgment and decree passed in O.S.No.167 of 1997 on the file of the Principal District Munsif Court, Thiruchendur, dated 23.08.1999.

1. Aggrieved over the decree and judgment of the first appellate Court reversing the decree granted by the trial Court for permanent injunction, S.A.No. 889 of 1999 is filed, whereas the S.A.No.1946 of 2000 is filed as against the concurrent finding of the trial Court dismissing the suit.

2. The brief facts leading to the filing of the Second Appeal No.889 of 1999 are as follows:

The suit property originally belonged to one Chelladurai Nadar and he has mortgaged the property to one Sakthivel Marthan