BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Sixth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR S.A.(MD).No.698 of 2011 Appadurai, S/o.Perumal Nadar, East Street, Palaniappapuram, Sathankulam Taluk, Tuticorin District :Appellant/Respondent/Defendant Vs Saraswathy, W/o.Packianathan, 2/127, Amman Koil Street, Palaniappapuram, Sathankulam Taluk, Tuticorin District :Respondent/Appellant/Plaitiff Prayer:- Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and Decree dated 18/06/2011 passed in A.S.No.6 of 2011 on the file of the Additional District Judge, (Fast Track Court No.I), Thoothukudi, reversing the Judgment and Decree dated 25/03/2009 passed in O.S.No.70 of 2006 on the file of the District Munsif, Santhnkulam. DECREE:-This Appeal having come up for hearing on this day , upon perusing the grounds of Appeal, the judgments of the lower courts, and the material papers to the Appeal and upon hearing the arguments of, Mr.M.P.Senthil, Advocate for Mr.T.Lenin Kumar, Advocate the Appellant and of, Mr.M.C.Swamy, Advocate for the Respondent this court while allowing Second Appeal in part and in modification of the judgment of the First Appellate Court, doth order and decree as follows:- (1) That the judgment and decree of the first appellate court, granting injunction in respect of the entire suit property be and hereby are set aside. (2)that the injunction be and hereby is restricted only in respect of the small hut and area shown in the commissioner's Report and Plan marked as Ex.C1 and C2 respectively before the trial court, and (3)that there be no order as to costs in this Second Appeal. SCHEDULE In Palayamkottai Registration District, Sathankulam Sub Registry Karunkadal Village, in natham Survey No.860/26 consisting 387 Square Metres within the Boundaries of https://hcservices.ecourts.gov.in/hcservices/ East – Sri Mutharammal Temple West - Road North - House of Annamani Ammal and way South – Land of Sundaramuthu. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Additional District Judge,(Fast Track Court) Thoothukudi. 2.The District Munsiff, Sathankulam. Copy to. The Section Officer,(2 COPIES) Vernacular Section, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.T.Lenin Kumar, Advocate in S.R.No.390 +1CC to Mr.Rajaraman, Advocate in S.R.No.522 ORDER DATED : 06/01/2021 ========================== DECREE ========================== S.A.(MD).No.698 OF 2011 Nature of Decree:-While Allowing this Appeal in part as against the Judgment and Decree dated 18/06/2011 passed in A.S.No.6 of 2011 on the file of the Additional District Judge, (Fast Track Court No.I), Thoothukudi,, etc., as stated within., VB (11.02.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/