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2004 Supreme(Mad) 550

M.CHOCKALINGAM
S. Gnanasigamani & Others – Appellant
Versus
G. Bangiras & Another – Respondent


Advocates Appeared:For The Petitioners:V. Raghavachari, Advocate. For The Respondents:V. Selvaraj, M/s.R.N.Amarnath, Advocate.

Judgment :-

This second appeal has been brought forth from the judgment of the learned Subordinate Judge, Nagercoil, made in A.S.No.8/91 wherein the judgment of the trial Court namely the Court of Additional District Munsif, Nagercoil, was reversed by dismissing the suit.

2. The plaintiffs, who are the appellants herein, filed the suit seeking for a declaratory relief that the walls shown as ABCD and EFGH in the plaint Schedule are the common boundary walls of the plaintiffs and the second defendant on the one hand and the first defendant on the other and for consequential injunction restraining the first defendant from putting up any wall or constructions above the said ABCD and EFGH walls or to raise the walls with the following allegations:

The suit property namely a wall, along ABCD and EFGH is the common boundary wall of the western 14 ¼ cents belonging to the father of the first defendant Gnanakkan Nadar and of the eastern 14 ¾ cents from the west belonging to the father of the plaintiffs 1 and 2, the second defendant and the grandfather of the plaintiffs 3 and 4 Swamiyadian Nadar. In the family arrangement among the sons of Gnanakkan Nadar, the western half of the western 14 ¾













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