JUDGMENT

This Second Appeal has been directed against the Judgment and decree, dated 23.02.2005 passed in A.S.No.109 of 2004, on the file of the Sub Court, Periyakulam, wherein, the Judgment and decree, dated 09.12.2003 passed in O.S.No.41 of 2000 on the file of the Principal Sub Court, Kumbakonam, are modified.

2.The appellant herein as plaintiff instituted a suit in O.S.No.41 of 2000 on the file of the trial Court against the defendants seeking for the relief of mandatory injunction directing the defendants to demolish the new construction made in the old foundation of the plaintiff's compound wall and also to close the doorway of the defendants to have easy access to the plaintiff's property and restore the old compound wall to its original position or in the alternative, direct the defendants to pay the plaintiff a sum of Rs.30,000/- as the damages or cost for demolishing the existing new compound wall and new construction in the place of old compound wall and to restore the old compound wall to its original position and to restrain the defendants from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the remaining compound wall and to direct th