G.RAJASURIA
E. K. M. G. Bakir Ali – Appellant
Versus
G. Sundarraj – Respondent
1. This second appeal is focussed by the sixth defendant, animadverting upon the judgement and decree dated 26.07.2006 passed by the learned I Additional Subordinate Judge, Erode in A.S.No.16 of 2006 confirming the judgment and decree dated 22.09.2005 passed by the learned Principal District Munsif, Erode in O.S.No.1517 of 2004.
2. The parties are referred to here under according to their litigative status and ranking before the trial Court.
3. A summation and summarisation of the facts giving rise to the filing of this second appeal and which are absolutely necessary and germane for the disposal of this Second Appeal would run thus:
a] The plaintiffs filed the suit seeking the following reliefs:
- to pass a decree granting permanent injunction restraining the defendants, their men, assigns and agents in any manner interfering with the plaintiffs peaceful possession and enjoyment of the suit properties till the plaintiffs are evicted from the suit properties under due process of law.
- to direct the defendants to pay costs.(extracted as such)
b] Written statement was filed by the sixth defendant resisting the suit.
c] Whereupon issues were framed. On the side of the plainti
1. (2006) 5 Supreme Court Cases 545 - HERO VINOTH (MINOR) VS. SESHAMMAL
3. AIR 2008 SC 1749 - KASHMIR SINGH VS. HARNAM SINGH AND ANOTHER.
6. AIR 1976 SC 1565(1) [Shah Mathuradas Maganlal and Co.
8. Smt. Kamlabai v. Mangilal Dulichand Mantri
2. (2011) 1 SCC 673 [Vijay Kumar Talwar v. Commissioner of Income Tax
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