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2011 Supreme(Mad) 2176

G.RAJASURIA
Govindammal – Appellant
Versus
Murugesan – Respondent


Advocates appeared:
For the Appellant:M.V. Krishnan, Advocate.
For the Respondents:R1 - P. Kamadevan, R2 - P. Kameshkumar, Advocates.

Judgment :-

1. This second appeal is filed by the defendant, inveighing the judgement and decree dated 16.3.2006 passed by the Subordinate Judge, Ariyalur, in A.S.No.22 of 2003, confirming the judgement and decree dated 16.12.2002 passed by the District Munsif, Jayankondam, in O.S.No.53 of 2000, which was filed for 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. A recapitulation and 'resume' of facts absolutely necessary and germane for the disposal of this second appeal would run thus:

(i) The first respondent herein, as plaintiff, filed the suit seeking permanent injunction.

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

(iii) Whereupon the trial Court framed the relevant issues. The plaintiff examined himself as P.W.1 along with P.W.2 to P.W.4 and and Exs.A1 to A12 were marked. The first defendant examined herself as D.W.1 along with the second defendant as D.W.2, D.W.3 and D.W.4 and marked Exs.B1 to B3.

(iv) Ultimately, the trial Court decreed the suit, as against which, the appeal was filed by

D1 for nothing but to be dismissed by the fir
















































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