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2007 Supreme(Mad) 796

A.C.ARUMUGAPERUMAL ADITYAN
Varanavasi Gounder – Appellant
Versus
E. S. Krishnaswami – Respondent


Advocates:
For the Appellant:V.K. Nachimuthu, Advocate. For the Respondent:
M. Sudhakar (Amicus Curiae).

Judgment :-

This appeal has been preferred against the Judgment and decree in A.S.No.107 of 1996 on the file of the Court of Principal District Judge, Periyar District at Erode. The plaintiff, who got a decree before the trial Court in O.S.No.791 of 1994 on the file of the Court of Principal District Munsif, Erode, but in the appeal preferred by the defendant in A.S.No.107 of 1996, lost the same is before this Court in Second appeal.

2. The averments in the plaint which has been filed by the plaintiff for an order of permanent injunction in brief relevant for the purpose of deciding this appeal are as follows:

The suit properties are situated in Avalpoondurai Village. The plaintiff got the suit property under a compromise decree dated 17. 1990. The plaintiff and his two sons K.V. Viswanathan and K.V. Shanmughasundaram got a property under a partition. The plaintiff is in possession and enjoyment of the suit property. The compromise was entered into between the parties in O.S.No.366 of 1990 under a decree dated 17. 1990. The defendants land is situate on the south of plaintiffs suit property. Taking advantage of the same, the defendant wants to trespass into the suit property. The de


















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