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2011 Supreme(Mad) 1972

G.RAJASURIA
Sekar – Appellant
Versus
Sivakumaran – Respondent


Advocates appeared:
For the Appellant:P. Jayaraman, Senior counsel for K. Srinivasan, Advocate.
For the Respondents:R1 to R3, Mrs. Hema Sampath Senior counsel for R. Meenal, Advocate, R4, No appearance.

Judgment :-

1. This second appeal is focussed by the first defendant inveighing the judgment and decree dated 28.09.2010 passed by the learned I Additional Subordinate Judge, Villupuram in A.S.No.41 of 2010 in reversing the judgment and decree dated 17.02.2010 passed by the Principal District Munsif, Ulundurpet in O.S.No.146 of 2008.

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

3. A recapitulation and resume of the relevant facts, absolutely necessary and germane for the disposal of this second appeal would run thus:

a. The plaintiffs filed the suit seeking declaration and permanent injunction concerning the land as found described in the plaint as against the defendants.

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

c. Whereupon issues were framed. During trial, on the side of the plaintiffs, the second plaintiff Sakthimurugan, examined himself as PW1 along with PW2 and marked Exs.A1 to A10. On the defendants' side, D1 and D2 examined themselves as D.Ws.1 and 2 along with DW3 and DW4 and marked Exs.B1 to B5.

d. Ultimately, the trial court dismissed the suit. As agai






























































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