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2015 Supreme(SC) 196

PINAKI CHANDRA GHOSE, R.K.AGRAWAL
Edward Periyanagayasamy – Appellant
Versus
Inspector of Police, Aandimadam Police Station – Respondent


JUDGMENT

Pinaki Chandra Ghose, J.

1. These appeals have been filed by accused persons against the judgment and order dated 16.3.2006 passed by the Madras High Court in Criminal Appeal No.1540 of 2002 by which the High Court has dismissed the appeal filed by the appellants. The facts of the case as narrated by the prosecution are briefly stated as under:

2. The deceased Michaelraj and the accused persons were residents of the same Village in Taluk Udayarapalayam in District Perambalur. There was a land dispute between Michaelraj and the accused persons on account of which there was enmity between them. Originally, the grandmother of the deceased Michaelraj executed a settlement deed in favor of Michaelraj which was subsequently cancelled. Thereafter, a portion of the property was executed in favor of the appellant. Despite the settlement deed, the appellant claimed that his possession of property was disturbed by the deceased and his relatives. Therefore, the appellant filed a suit against the deceased and his relatives. The appellant further claimed that even though interim orders were passed in the suit, Michaelraj and his relatives did not allow the appellant to enjoy his possess









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