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2000 Supreme(Mad) 845

V.KANAGARAJ
Maya alias Hira Bai (Died) & Others – Appellant
Versus
Prema – Respondent


Advocates:
P. Guru Ramachandran, for Appellants.

Judgment :

1. Theabove second appeal is directed against the judgment and decree dated 3. 1989 made in A.S.No.15 of 1987 by the Court of Additional Subordinate Judge, Vellore thereby reversing the judgment and decree dated 29. 1986 made in O.S.No.115 of 1983 by the Court of District Munsif, Ranipet.

2. Adverting to the facts and circumstances encircling the whole affair, what comes to be known is that it is a suit filed by the respondent herein against the deceased first appellant herein before the trial court for a permanent injunction restraining the defendant and her men from interfering in any manner with the plaintiffs peaceful possession and act in bridging the fallen portion of wall ‘AB’ marked in the plan and for costs. The suit property is a house bearing D.No.33, Jagannatha Mudaliar Street, Arcot.

3. In the plaint filed before the trial court, the respondent/plaintiff alleged that she owns a total length East to West 33 ½ yards including the Western wall shown as ‘NL’ in the rough plan and it is very many decades old and still in existence and likewise there is a Northern wall extending East to West from the road side to the Western wall NL end and between portions ‘AB


















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