IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.11.2025 CORAM:

THE HONOURABLE Dr. JUSTICE R.N.MANJULA Srinivasan ... Appellant Vs.

Karunamurthy ... Respondent Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree in O.S. No.173 of 2001 on the file of the Civil Judge, Arani dated 27.03.2006 confirming the decree and judgment in A.S. No. 40 of 2006 on the file of the Subordinate Judge, Arani dated 08.11.2006.

For Appellant : Mr. B. Vijayakumar For Respondent : Mr. M. Suresh

J U D G M E N T

The Second Appeal has been filed challenging the judgment and decree passed in O.S. No. 173 of 2001 dated 27.03.2006, which was confirmed by the judgment and decree in A.S. No. 40 of 2006, dated

08.11.2006.

2. The unsuccessful defendant is the appellant. The suit was filed by the plaintiff seeking a declaration and a permanent injunction.

3. The trial Court decreed the suit, and the first appeal was also dismissed, confirming the judgmenet of the trial Court. Aggrieved by the same, the defendant has filed this second appeal.

4. The short facts pleaded by the plaintiff in the plaint are as follows:

The suit property was originally belonged to one Chinnatha