JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, praying against the judgment and decree dated 28.04.2006 made in A.S. No. 94 of 2005 on the file of Sub Court, Thiruppattur which was reversed by the judgment and decree made in O.S. No. 256 of 1997, dated 01.09.2005 on the file of Sub Court, Thiruppattur, Vellore District.

1. The Appellant herein is the Additional Divisional Engineer, State Highways Department. The Second Appellant has been impleaded pending appeal since the suit subject road now been upgraded as National Highways. Aggrieved by the Lower Appellate Court judgment and decree, the instant Second Appeal is filed.

2. The respondents herein 2 to 6 filed the suit seeking the relief of permanent injunction in respect of the property situated at Thirupattur Town of erstwhile North Arcot District, in Survey Number No. 334/5, Block No 13, Ward 1 abutting the Vaniyambadi Road. The suit came to be filed alleging that the staff and Officials of the Highways Department threatening to demolish the shops in the Suit schedule property alleging that it has been encroached upon the Highways road. Whereas, the property is a Patta l