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2007 Supreme(Mad) 1203

P.JYOTHIMANI
Chinna Poojari & Another – Appellant
Versus
K. Ramsami & Another – Respondent


For the Petitioner:K. Duraisamy, S.C. for M/s. Muthumani Duraisamy D. Selvaraj, Advocates. For the Respondent:T.R. Mani, S.C. for M/s. T.M. Hariharan Aruna Ganesh, Advocates.

Judgment :-

The defendants in the Trial Court are the appellants in the Second Appeal. The plaintiffs filed the suit for declaration and injunction in respect of their right to use the suit cart-track for their men,cart and cattle to ingress and egress from their land in Survey No.194/1 and also for a permanent injunction from obliterating or disturbing or interfering with user and enjoyment of the suit cart-track. The suit cart-track is mentioned as A,B,C,D,E,F,G,H,I commencing from Sangari to Trichengode road East to West running on the Northern edge of Survey No.188/2 belonging to the defendants on the point ABC and thereafter running to the point CDE towards West and passing through the other lands of the defendants on the point EFG from North to South towards the Western side and thereafter passing through Survey No.188/1 in the point GH and to reach Survey No.194/1 wherein the plaintiff’s house stated to have been situated at the point of I.

2. Admittedly, the defendants are the joint owners of the land in Survey No.188/2 Sangari Village and Survey No.194/2B and 194/2A. As it is seen in the plaint the claim in respect of these cart-track are made on three grounds, namely,

1)


















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