JUDGMENT

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The Second Appeal is directed against the judgment and decree made in A.S.No.4 of 2002, dated 25.11.2002, on the file of Subordinate Judge, Devakkottai, modifying the judgment and deree made in O.S.No.25 of 2000, dated 31.7.2001,on the file of District Munsif, Devakkottai.

2.The plaintiff in the suit is the appellant. The suit was filed seeking permanent injunction restraining the defendant from demolishing the sunshades and windows in the northern main wall of the plaintiff’s house and for injunction restraining the defendant from putting up any construction on the sunshades and windows of the plaintiff.

3.The defendant filed a counter claim seeking declaration of his title in respect of the portion of the property in which the northern main wall of the plaintiff stands and also for mandatory injunction to remove the construction of the plaintiff together with sunshades.

4.The trial Court dismissed the suit and partly allowed the counter claim by directing the plaintiff to remove the sunshades in his northern wall and to close down the windows in the northern main wall. The trial Court also directed the plaintiff to pay the defendant the value of the defendant’