JUDGMENT :

The appeal is directed against the Judgment and Decree passed in A.S.No.23 of 2012, by the learned II Additional District Judge, Thoothukudi, in confirming the Judgment and Decree in O.S.No. O.S.No.172 of 2007, passed by the learned Subordinate Judge, Thoothukudi.

2. For the sake of convenience, the parties are referred to as, as described before the trial Court.

3. The case of the plaintiff, as per the averments made in he plaint, in short, is as follows :

The plaintiff had filed a suit against the defendant in O.S.No.75 of 2005, on the file of the District Munsif Court, Sathankulam, seeking injunction. The plaintiff had filed an I.A.No.335 of 2005 for restoration of the suit, which was dismissed for default. The defendant filed a counter for the same on 29.06.2007, in which, the defendant levelled certain allegations, which are scandalous and defamatory. The defendant alleged in the counter in I.A.No.335 of 2006 that the plaintiff is doing real estate and money lending business and also performs 'Katta Panchayat' regarding the property dispute, who has got money power and muscle power and as predominantly in the said area. The allegations are totally irrelevant to the issu