JUDGMENT :

(P.B. Balaji, J.)

The plaintiff in a suit for mandatory injunction, seeking a direction to remove the Hanuman Statue in the suit property and other superstructures in the suit property, is the appellant herein, having initially succeeded before the trial Court and having subsequently suffered a reversal finding before the first appellate Court. The parties are described as per their litigative status in the suit. The brief material facts to adjudicate the second appeal and cross objection are as follows:-

2. The plaintiff claims to be the owner of the suit property, having obtained a decree in O.S.No.68 of 1986 in a suit for specific performance. The plaintiff also claimed to have got possession of the suit property through Court on 28.04.1987. The plaintiff has dealt with portions of the suit property, having sold several house sites to various individuals. Having sold 52,100 sq.ft, the plaintiff retained 1,26,496 sq.ft. The defendants trespassed into the property, retained by the plaintiff and erected a Hanuman Statue and a shed, spread over an extent of 0.05 cents approximately.

3. The plaintiff gave a police complaint on 20.04.2010 and filed a petition before this Cou