J U D G M E N T:

This Second Appeal preferred by the appellant/defendant under Section 100 of the Code of Civil Procedure 1908, assailing the decree and judgment, dated 15.07.2002, on the file of the learned Senior Civil Judge, Adoni, passed in A.S.No.13 of 1997.

02. Heard Sri A.V.Sivaiah, learned counsel for the Appellant/Defendant. Perused the material on record.

PLEADINGS:

03. The appellant is the defendant. The respondent is the plaintiff in the suit. The parties in this Second Appeal shall hereinafter be referred to as arraigned in the Original Suit, for convenience and clarity.

04. The suit in O.S.No.2/1984 on the file of the learned Addl. District Musnif, Adoni, was filed seeking the relief of permanent injunction, restraining the defendant from interfering with the peaceful possession and enjoyment of schedule mentioned open site (Asharkhana) by the plaintiff.

05. The learned trial Court partly decreed the suit granting permanent injunction in favour of plaintiff, to the extent of performing Ashar in the plaint schedule site, on every Milad-un-Nabi day and dismissed the rest of the suit claim vide judgment and decree dated 07.10.1996. The plaintiff preferred appeal in A.S.13/19