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2008 Supreme(Mad) 2070

S.MANIKUMAR
Muniswami – Appellant
Versus
M. Manickam & Others – Respondent


Advocates Appeared:
For the appellant :P. Gururamachandran, Advocate.
For the Respondents:R1, R. Margabandhu, Advocate.

Judgment :-

Challenging the fair and decretal order dated 28.07.2006 and made in I.A.No.363 of 2006 in O.S.No.79 of 2003 on the file of the District Munsif, Sholinghur, this Civil Revision Petition is filed.

2. Brief facts which are necessary for the disposal of the Civil Revision Petition are as follows:

The first respondent has filed O.S.No.79 of 2003 on the file of the District Munsif, Sholinghur seeking for a declaration and permanent injunction restraining petitioner and respondents 2 to 4 herein, from interfering with his peaceful possession and enjoyment of suit properties and for cost and other reliefs. According to the first respondent, the common Well described in the suit schedule, belongs to him and his two elder brothers viz. Gopal Reddy and Ganesa Reddy. All of them are in joint possession and enjoyment of the suit common well. The first respondent and his brothers have divided their joint family properties orally and since then they are in possession and enjoyment of their respective shares including the common Well. There was no sufficient water in the Well fitted with an electric motor pumpset and in order to cultivate loads in S.F.No.359/2B, the first respondent/pl







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