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2002 Supreme(Mad) 440

A.KULASEKARAN
Ponnaiyan alias Ponnusami Gounder – Appellant
Versus
Karuppakkal alias Ponnayal – Respondent


Advocates:
T. R. Mani, Sr. Counsel, for Appellants; V. K. Muthusami, Sr. Counsel, for Respondents.

JUDGMENT :- The unsuccessful defendants, who have lost before the Courts below are appellants in this second appeal. The respondents/plaintiffs filed a suit in O.S. No. 429 of 1997 on the file of the District Munsif, Sathiamangalam for declaration to declare the easementary right of the plaintiffs over the suit cart track and to restrain the defendants from interfering with the peaceful possession of the suit cart track by the plaintiffs. The suit was decreed as prayed for and the defendants have preferred appeal before the Principal Subordinate Judge, Erode in A. S. No. 23 of 1990, which was also dismissed. Hence, this second appeal.

2. The case of the plaintiffs are that the properties marked in red colour in the rough sketch presented along with the plaint belonged to the plaintiffs by virtue of a settlement deed dated 11-6-1980 executed by one Rengappa Gounder, husband of the 1st plaintiff and father of the plaintiffs 2 to 4. The properties marked in blue colour in the sketch belonged to the 1st defendant; that the defendants 2 and 3 are sons of the 1st defendant and the 4th defendant is the wife of the 1st defendant. The portions marked in yellow colour referred as "ABCD" in th









































































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