JUDGMENT

The present Second Appeal is filed by the defendant in the suit to set aside the Judgment and Decree dated 25.10.2016 passed in A.S.No.53 of 2015 by the VI Additional District Court, Madurai by reversing the Judgment and Decree dated 17.06.2015 passed in O.S. No.389 of 2008 by the III Additional Sub Court, Madurai.

2. The defendant is the appellant herein and the plaintiffs 2 & 3 are the respondents herein. For the sake of convenience, the parties shall be referred to as plaintiffs and defendant as per the ranking in the suit.

3. The plaintiffs have filed O.S.No.611 of 2002 on the file of District Munsif Court, Madurai, thereafter the same was transferred and renumbered as O.S.No.294 of 2002 on the file of District Munsif Court, Thirumangalam, again transferred and renumbered as O.S.No.389 of 2008 on the file of III Additional Sub Court, Madurai.

4. The plaintiffs had filed the suit for declaration to declare that the defendant has got no common ownership in Item No.1 of the suit property, consequential prayer for mandatory injunction directing the defendant to clear the trespass and restoring the possession to the plaintiffs and permanent injunction restraining the defendant