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2011 Supreme(Mad) 2311

G.RAJASURIA
Sakthivel – Appellant
Versus
Muthu – Respondent


Advocates Appeared:
For the Appellant:A. Thiagarajan, Advocate.
For the Respondents:R1 & R2 - Dr.R. Gopinath, Advocate.

Judgment :-

1. This Second appeal is focussed by the plaintiff animadverting upon the judgment and decree dated 25.1.2005 passed by the Subordinate Judge, Ariyalur, in A.S.No.43 of 2001, reversing the judgment and decree dated 9.4.2001 passed by the District Munsif, Jayankondam, in O.S.No.415 of 1999, which was filed for declaration and permanent injunction.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. Narratively but precisely, broadly but briefly, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:

(a) The appellant herein, as plaintiff, filed the suit for declaration and permanent injunction.

(b) The defendants filed the written statement resisting the suit.

(c) Whereupon issues were framed by the trial Court.

(d) On the plaintiff's side, the mother of the plaintiff examined herself as P.W.1 along with P.W.2, P.W.3 and P.W.4 and Exs.A1 to A12 were marked. On the defendants' side, the first defendant examined himself as D.W.1 along with D.Ws.2 to 5 and Exs.B1 to B12 were marked. Exs.W1 to DW6 were marked as witness documents.





















































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