JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 15.12.2008 passed in A.S. No.97 of 2000, on the file of the Additional Subordinate Judge, Namakkal, reversing the decree and judgment dated 26.10.1999 passed in O.S. No.162 of 1995, on the file of the Additional District Munsif, Namakkal.)

1. The appellant is the plaintiff in O.S. No.162 of 1995 on the file of the Additional District Munsif, Namakkal. He filed the suit for a permanent injunction restraining the defendants, namely, (1) State of Tamil Nadu represented by District Collector, Salem, 2. the Assistant Collector, Namakkal District, 3, the Additional Divisional Engineer, Highways and Rural Works Department, Namakkal, from interfering with the plaintiffs peaceful possession and enjoyment of the suit properties. The suit properties as described in the plaint are as follows:-

1. Item No.1 - Land measuring 42 feet X 20 feet in S.No.495/3 of Namakkal Town with a temple and other buildings.

2. Item No.2 - Land measuring 80 feet X 20 feet in S.No.495/3 with a building connected with the temple.

The plaintiff, Arulmighu Theekulipaintha Moondru Kundathu Amman Parambarai Uravinmu