M.KARPAGAVINAYAGAM
Dilip Kumar Sutaria and Others – Appellant
Versus
M. Karthik and Others – Respondent
The Order of the Court was as follows :
The applicants/plaintiffs have filed these applications viz., O.A. Nos. 755 and 756 of 1999, seeking for an interim injunction restraining the respondents/defendants from putting up any construction or obstruction in the common passage running from the applicants' house to T.T.K. Road and for issue of interim mandatory injunction to remove the unauthorised construction of a recently erected wall in front of the gate belonging to the applicants/plaintiffs, pending disposal of the suit filed by them requesting for declaration, mandatory injunction and permanent injunction.
2. The case of the applicants is as follows :-
"A) The applicants purchased a vacant land bearing door No. 265-A, T.T.K. Road, Chennai from one P. Madhavan on 1-4-1981 measuring an extent of 1 ground 1226 sq.ft., out of the total extent of 3 grounds 2265 sq.ft. Through the said Sale Deed, the said Madhavan gave the right of access to the property from T.T.K. Road with a width of 11 feet and to a length of 100 feet.
B) After construction of house in the said land, as per the sanctioned Plan, the applicants have been using the common passage since then. The said right o
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