JUDGMENT :

(Prayer : The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.91 of 2009 dated 22.07.2009 on the file of the I Additional Sub Court, Gobichettipalayam, reversing the judgment and decree made in O.S.No.296 of 2006 dated 01.11.2007 on the file of the District Munsif Court, Gopichettipalayam.)

1. The plaintiff in O.S.No.296 of 2006 on the file of the District Munsif Court, Gopichettipalayam, is the appellant herein.

2. O.S.No.296 of 2006 had been filed by the plaintiff, V.L.Venkatachalam against the 1st defendant, V.L.Muthusamy his own brother and another brother V.L.Chenniappan, seeking a judgment and decree of permanent injunction restraining the defendants from going northwards along the eastern border of the plaintiff's land and also for a permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession of usage of water available in the channel which runs through the 1st defendant's land and also for costs of the suit.

3. By judgment dated 01.11.2007, the suit was decreed by the learned District Munsif Gobichettipalayam. This indicated that the defendants were restrained from moving upwar