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1998 Supreme(Mad) 1728

S.S.SUBRAMANI
Sundararajan – Appellant
Versus
Jhansi Rani W/o. Kesava Murthi, Paraman Thottam, Jambumadai, Village, Musiri Taluk, Trichy District and others – Respondent


Advocates:
Mr. S. Parthasarathy for M/s. Sarvabhauman Associates, Advocate for Petitioner. Mr. Thamaraiselvan, Advocate for Respondents Nos 1 and 2.

Judgment :

1. This revision is filed under Article 227 of the Constitution of India by second defendant in O.S.No. 239 of 1998 on the file of the District Munsif Court at Musiri.

2. O.S.No. 239 of 1998 was filed by respondents 1 and 2 in this case for injunction, restraining the defendant in the suit from interfering with the right of the plaintiffs in making use of B schedule pathway. Even though injunction was claimed against two defendants, as against the first defendant, injunction was not granted on the ground that the first defendant was living abroad and he has not given rise to any dispute or cause of action for the grant of injunction. But, as against the petitioner, an ad-interim injunction was granted and subsequently after hearing both parties ad.interim injunction was confirmed and an order of injunction was granted till of the suit.

3. The plaintiffs claim title and possession over the A schedule property on the basis of Settlement Deed executed by one Kesavamurthi who is none other than the husband of the first plaintiff and the father of the second plaintiff. Kesavamurthi has obtained right over the items covered in the settlement deed by virtue of the partition




















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