IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR

S.A.NO.431 OF 2017

&

C.M.P.NO.10803 OF 2017

M.V.Swaminathan

... Appellant/Defendant

Versus

A.Swaminathan

... Respondent/Plaintiff

PRAYER:-

Second Appeal filed under Section 100 of CPC against the

judgment and decree made in A.S.No.11 of 2016 dated 17.11.2016

on the file of the learned III Additional District Judge,

Vellore at Thirupathur, confirming the judgment and decree made

in O.S.No.47 of 2011 dated 11.11.2013 on the file of the learned

Subordinate Judge, Vaniyambadi.

For Appellant

:

Mr.V.Selvaraj

For Respondent :

Mr.R.Subramanian

JUDGMENT

(1)

The defendant in the suit in O.S.No.47/2011 on the file of

the Sub Court, Vaniyambadi, Vellore District is the

appellant in the above Second Appeal.

(2)

The respondent herein, as plaintiff, filed the suit in

O.S.No.47/2011 for a declaration, declaring the title of

the plaintiff in respect of a compound wall described as

ABC in the Rough Plan attached to the plaint and

for consequential permanent injunction restraining the

defendant from interfering with the peaceful possession

and enjoy