JUDGMENT

(Prayer: Appeal Suit filed under Order XLI Rule 1 read with Section 96 of the Code of Civil Procedure, to set aside the Judgment and Decree dated 28.07.2003 made in O.S.No.24 of 2003, on the file of the Additional District Court (Fast Track Court – IV), Coimbatore at Tiruppur District.)

A. The Appeal:

This Appeal Suit is filed against the Judgment and Decree dated 28.07.2003 in O.S.No.24 of 2003 by the Additional District Court – Fast Track Court No.IV, Coimbatore at Tiruppur, whereby the suit filed by the plaintiff was decreed, declaring that the plaintiffs are the owners of items No.1 & 2 of the suit schedule properties and granting permanent injunction restraining the defendants or any person claiming through them in any manner interfering with the possession and enjoyment of the plaintiffs.

1.1 Aggrieved by the same, the first defendant filed the Appeal Suit, who, since passed away pending disposal of the Appeal Suit and his legal heirs are brought on record as appellant Nos.2 & 3. Hereinafter, in this Judgment, the parties are referred to as per their array in the suit.

B. The Case of the Plaintiffs:

2. The case of the plaintiffs is that the first plaintiff is the