JUDGMENT :

N. SESHASAYEE, J.

1. The plaintiff in O.S. No. 476/1999, on the file of the District Munsiff Court, Namakkal, is the appellant herein. He laid the suit for declaring that the decree passed in O.S. 93/1989 on the file of the same court - is not binding on him, and for other ancillary reliefs. He lost the suit successively both before trial court and the first Appellate Court. Rival parties would be referred to by their ranks before the trial Court.

(I) The Pleadings:

2. The case of the plaintiff can be divided into two parts: There is no dispute regarding facts that led to the filing of the present suit. This is the first part. And, the dispute he has raised in this suit constitutes the second part:

(a) The undisputed facts:

(i) The father of the first defendant is one Ramasamy. Ramasamy along with his sons had instituted O.S. 93/1989 against a certain Kandasamy Gounder, and his two sons Appu alias Palaniappan, and Durai as defendants 1 to 3, for recovery of possession of the suit property and for mandatory injunction to remove certain obstruction in the pathway. The plaint