JUDGMENT :

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, 1908 against the judgment and decree dated 30.01.2020 made in A.S. No.21 of 2019 on the file of the Principal District Judge, Vellore, reversing the judgment and decree dated 27.03.2019 made in O.S. No.245 of 2012 on the file of the Principal Subordinate Judge, Vellore District.

The defendant in the suit in O.S.No.245 of 2012 on the file of the Principal Sub-Court, Vellore, has filed this second appeal challenging the judgment and decree passed by the Principal District Court, Vellore, in A.S.No.21 of 2019, dated 30.01.2020.

2. In the suit, the appellant herein is the defendant and the respondent herein is the plaintiff. In the forthcoming paragraphs, the parties will be referred to as per their litigative status in the suit.

3. The plaintiff had filed the suit seeking for a declaration that he is entitled to use the staircase from the first floor to the terrace, morefully, described in the suit 'B' schedule, and he has also sought for a consequential injunction to restrain the defendant from interfering with his peaceful possession and enjoyment of the staircase and also terrace and also for a perman