JUDGMENT

The defendants in O.S.No.86 of 2006 on the file of the District Munsif, Melur are the appellants in this Second Appeal. The suit was filed for the relief of mandatory injunction to direct the defendants to remove the suit pipe shown as “C2” in the rough sketch and for other reliefs. The defendants filed written statement controverting the plaint averments. Based on the divergent pleadings, the trial court framed the necessary issues. The 1st plaintiff, Ramachandran examined himself as P.W.1. Ex.A1 to Ex.A8 were marked. The 2nd defendant, Munna Malaiyandi examined himself as D.W.1, while one Pandi was examined as D.W.2. Ex.B1 to Ex.B4 were marked. After consideration of the evidence on record, the trial court by judgment and decree dated 26.03.2008, dismissed the suit. Challenging the same, the plaintiff filed A.S.No.85 of 2008 before the I-Additional Sub Court, Madurai. By the impugned judgment and decree dated 28.07.2009, the first appellate court reversed the decision of the trial court and partly allowed the appeal. Challenging the same, this Second Appeal came to be filed.

2. The Second Appeal was admitted on 09.03.2022 on the following substantial question of law:-

“Whe