JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 09.10.2007 made in A.S.No.208 of 2007 on the file of the learned Additional District Judge, Fast Track Court No.V, Chennai, confirming the judgment and decree dated 01.12.2006 made in O.S.No.1577 of 2004 on the file of the learned II Assistant Judge, City Civil Court, Chennai.)

1. Aggrieved over the concurrent findings made in A.S.No.208 of 2007 dated 09.10.2007 on the file of the learned Additional District Judge, Fast Track Court No.V, Chennai and in O.S.No.1577 of 2004 dated 01.12.2006 on the file of the learned II Assistant Judge, City Civil Court, Chennai, the appellant, who is the plaintiff in the above referred suit, is before this Court with the present Second Appeal.

2. Before the trial Court, the appellant/plaintiff herein filed the suit, seeking the relief of declaration, declaring that the order passed by the defendant dated 16.03.2004, as illegal and void and consequentially, for the relief of injunction, restraining the respondent, his men and servant, in implementing the order dated 16.03.2004.

3. By judgment and decree dated 01.12.2006, the lea