JUDGMENT :

The second appeal is directed against the concurrent Judgments and decrees, passed in O.S.No.689 of 2003 by the Principal Subordinate Court, Dindigul and in A.S.No.22 of 2012, passed by the Additional District Court, Dindigul.

2. For the sake of convenience, the parties are referred to herein, as per their own ranking as before the Trial Court.

3. The appellant herein as plaintiff has instituted a suit in O.S.No.689 of 2003, on the file of the trial Court for declaration, permanent injunction and mandatory injunction, wherein, the respondents have been shown as the defendants.

4. In the plaint, it is averred that the son of the plaintiff Sakthivel has already filed an insolvency petition against the defendants and others in I.P.No.1 of 2002, on the file of the Subordinate Court, Dindigul, and the said insolvency petition is still pending for enquiry. Due to money transactions between the plaintiff's son and defendants, there exists a strong enmity. Therefore, on 07.08.2002 at about 7.30 p.m., the defendants along with three strangers came in a Ambassador Car, waylaid the plaintiff who was riding Hero Honda Motor Bike with one Raju as a pillion rider near Old Society at Srira