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2006 Supreme(Mad) 613

S.ASHOK KUMAR
M. Sellappan – Appellant
Versus
Athiappan & Others – Respondent


Advocates Appeared: For the Appellant:Shanmugam, Advocate. For the Respondents:R3 and 4 given up, R1 & R2, V. Krishnan, Advocate.

Judgment :-

(Second Appeal preferred against the judgment and decree dated 4.4.1994 made in A.S.No. 78 of 1993 on the file of the Subordinate Judge Sankagiri, setting aside the judgment and decree dated 20.9.1993 made in O.S.No: 346 of 1983 on the file of the learned District Munsif, Thiruchengode in respect of the reliefs of specific performance and permanent injunction against the third defendant in respect of B schedule property in favour of the plaintiff.)

The plaintiff is the appellant. He filed the suit for the reliefs of (i) permanent injunction restraining the defendants from interfering with his right to use the common lane AB and CD and water from the common well in the suit A schedule property shown in the plaint rough plan; (ii) for specific performance directing the third defendant to execute the sale deed conveying the B schedule property to the plaintiff within the time to be fixed by the court and in default to execute the sale deed; and (iii) for permanent injunction restraining the defendants from interfering with the peaceful possession, occupation and enjoyment of the suit B schedule property.

2. The gist of the case is as follows:-

The plaintiff and the defendant


















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