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2012 Supreme(Mad) 371

M.VENUGOPAL
Palanivel – Appellant
Versus
Ramadurai – Respondent


Advocates Appeared:
For the Appellants:A. Muthukumar, Advocate.
For the Respondents - R2 - N.k. Ponraj for M/s. P. Srinivas, Advocates.

Judgment :-

1. The Appellants/Plaintiffs 1 & 2 have focused the present Second Appeal anim adverting upon the Judgment and Decree dated 20.08.1998 in A.S.No.43 of 1998 passed by the Learned Principal Subordinate Judge, Mayiladuthurai, in confirming the Judgment and Decree dated 18.12.1997 in O.S.No.1224 of 1994 passed by the Learned Principal District Munsif, Mayiladuthurai.

2. A resume of narration of plaint facts, which are necessary for disposal of this Second Appeal are as follows:

(i) The Appellants/Plaintiffs have averred in the plaint that the subject matter of the suit property is situated at Pattamangala Araya Street, Mayiladuthurai Town. The street runs in East-West directions. In the street, there are number of residents and there are nearly more than 100 houses in both sides (Southern and Northern sides). All of them could not be joined at the time of filing of the suit. As such, the Appellants are the Village Heads of the street and they represent the residents of the street. All their interest is common and as such, the Appellants/ Plaintiffs have filed the suit in a representative capacity and in this regard, the Interlocutory Applications filed by them have been all



































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