JUDGMENT

The plaintiff in O.S.No.296 of 2006 on the file of the District Munsif Court, Gopichettipalayam, is the appellant herein.

2.O.S.No.296 of 2006 had been filed by the plaintiff, V.L.Venkatachalam against the 1st defendant, V.L.Muthusamy his own brother and another brother V.L.Chenniappan, seeking a judgment and decree of permanent injunction restraining the defendants from going northwards along the eastern border of the plaintiff's land and also for a permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession of usage of water available in the channel which runs through the 1st defendant's land and also for costs of the suit.

3.By judgment dated 01.11.2007, the suit was decreed by the learned District Munsif Gobichettipalayam. This indicated that the defendants were restrained from moving upwards towards north across the eastern boundary of the land of the plaintiff and the defendants were also restrained from preventing the plaintiff from using or taking water through the channel.

4.Questioning that judgment and decree, the defendants filed A.S.No.91 of 2008. The Appeal Suit came up for consideration before the Additional Sub Cour