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2009 Supreme(Mad) 4698

R.BANUMATHI
Swaminatha Udayar & Others – Appellant
Versus
Arumuga Udayar – Respondent


Advocates appeared: :
For the Appellants:T. Murugamanickam, Advocate.
For the Respondent:P. Jagadeesan, Advocate.

Judgment

This Second Appeal arises out of the Judgment and decree in A.S.No.1/2002 arising out of the Judgment and decree of the trial Court and also granting Mandatory Injunction directing removal of stone wall (fy;fl;L). Unsuccessful Defendants are the Appellants.

.2. The dispute is in respect of cart-track in S.No.65/7 which is situated on the southern side of the lands of Plaintiff. Case of Plaintiff is that he owns agricultural lands in S.Nos.65/5 and 65/6 in Sokkanathapuram village, Attur Taluk and the suit cart-track is situated in S.No.65/7 on the southern side of Plaintiffs land. Further case of Plaintiff is that he has got right of access to his lands from any point of the suit cart-track, which is common to the Plaintiff and Defendants. It is further stated that due to previous enmity, Defendants arranged to put up a stone wall (fy;fl;L) along the northern boundary of the suit cart-track and annexing the same to their Patta land on or about 1st September 1997. Therefore, Plaintiff filed the suit for (i) Declaring that Plaintiff has got right to have access to his Patta lands from the suit cart-track; (ii) Permanent Injunction restraining the Defendants and their men and



















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