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2008 Supreme(Mad) 4420

D.MURUGESAN, V.PERIYA KARUPPIAH
Chellam Iyer & Another – Appellant
Versus
J. Ranganathan & Others – Respondent


Advocates Appeared:
For the Petitioners:T.V. Ramanujam, Senior Counsel, M/s. C. Uma Shankar, Advocate.
For the Respondents:M. Krishnappan, Senior Counsel, R. Swaminathan, Advocate.

Judgment :-

V. Periyakaruppiah, J.

1. This Appeal has been directed against the dismissal order passed by a learned Single Judge of this Court in O.A. No.659 of 2007, an Application seeking for temporary injunction restraining respondents/defendants 1 to 4 their man, agents servants, or any one claiming under them or acting on their behalf from in any way interfering with the peaceful possession and enjoyment of the Schedule `C property inclusive of the Schedule `A property either by using as a passage or in any other manner whatsoever pending Suit and ordering of the Application in A. No.4581 of 2007, an application to vacate the interim injunction passed by the learned Single Judge in O.A. No.659 of 2007 in which the interim injunction was granted.

2. The brief facts as submitted by both the parties before the learned Single Judge of this Court are as follows :

"(i) The case of the plaintiffs is that they purchased 1894 sq. ft. of undivided share of land out of 6175 sq.ft. shown in Plaint `A schedule under the sale deed dated 30.03.1994. There are three flats in `A Schedule property which is connected by a common pathway running from north to south. A compound wall and a gate is
















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