2. The suit was filed for the relief of permanent injunction and mandatory injunction. The case of the plaintiffs is that the suit property was originally a vacant site and was purchased by Vellaichamy Nadar from one Madathi Ammal. Vellaichamy Nadar had four sons of whom Nagaiah Nadar was one. The said Nagaiah Nadar was the husband of the first plaintiff and father of the other two plaintiffs. Nagaiah Nadar purchased his brothers' share in the suit property. The allegation of the plaintiffs is that the defendants had committed encroachment on the same and to remove the same, the suit in question was filed. The defendant filed written statement controverting the plaint averments. Based on the divergent pleadings, the trial Court framed necessary issues. The second plaintiff examined himself as P.W.1 and marked Ex.A.1 to Ex.A.7. The first defendant Shanmugavalli examined herself as D.W.1 and one Mahalingam was examined as D.W.2. Ex.B.1 to Ex.B.3 were marked. After considering the evidence on record, the trial Court by judgment and decree dated 25.04.2006 dismissed the suit. Aggrieved by the same, the plaintiffs filed A.S.No.9 of 2008 before the II Additional Sub Court, Madurai. The first plaintiff had passed away in the meanwhile. Likewise the first defendant also had passed away and her legal heirs were brought on record. Before the first appellate Court, the plaintiffs filed I.A.No.507 of 2010 for appointment of Advocate Commissioner. The failure to seek appointment of Advocate Commissioner before the trial Court was one of the primary reasons which led to the dismissal of the suit. To fill up the said lacuna, before the first appellate Court the plaintiffs took steps and the said I.A. was also allowed. The Advocate Commissioner's report and plan were marked as Ex.C.1 and Ex.C.2. Based on the same, the first appellate Court set aside the judgment and decree passed by the trial Court and decreed the suit as prayed for. The report and plan of the Advocate Commissioner Ex.C.1 and Ex.C.2 formed part of the decree. Aggrieved by the same, this second appeal came to be filed.
