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2009 Supreme(Mad) 3279

M.DURAISWAMY
Satvithri Padmanabhan & Others – Appellant
Versus
M. Rajendran – Respondent


Advocates appeared:
For the Appellants:T.R. Rajagopalan, Sr. Counsel, Navaneetha Krishnan , Advocate.
For the Respondent:T.V. Ramanujam, Sr.Counsel, T.V. Krishnamachari, Advocate.

Judgement Key Points

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Judgment :-

The above second appeal arises against the judgment and decree in A.S.No. 21 of 2000 on the file of IV Additional City Civil Judge, Chennai confirming the Judgment and Decree in O.S.No.7915 of 1997 on the file of XVIII Assistant City Civil Judge, Chennai.

2. The defendants in the suit are the appellants in the above second appeal. The respondent herein is the plaintiff in the suit.

3. The plaintiff filed the suit in O.S.No.7915 of 1997 on the file of on the file of XVIII Assistant Judge, City Civil Court, Chennai for the following relief:-

(a) For a mandatory injunction directing the defendants to remove their cattle and all other things from the B schedule property and hand over possession of the B schedule mentioned property to the plaintiff within a time to be fixed by this court;

(b) for a permanent injunction restraining the defendants, their agents, servants and men and every one claiming under them and acting on their behalf from, in any way, committing any nuisance in the A and B schedule properties, either by dumping cow-dung either in the B schedule property or outside the B schedule property on letting in drainage and waste water from the cattle shed from the


































































































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