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2011 Supreme(Mad) 2394

G.RAJASURIA
Farhath – Appellant
Versus
Noorunissa Begum – Respondent


Advocates Appeared:
For the Petitioners:T. Dhanyakumar, Advocate.
For the Respondent:B. Margabandhu, Advocate.

Judgment :

Per G. RAJASURIA, J.

1. This second appeal is filed by the plaintiff, inveighing the judgment and decree 2.1.2007 passed by the Sub-Court, Vellore, in A.S. No. 53 of 2006 confirming the judgment and decree dated 10.4.2006 passed by the Additional District Munsif Court, Vellore, in O.S. No. 226 of 2005, 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. A recapitulation and ‘resume‘ of facts absolutely necessary and germane for the disposal of this second appeal would run thus:

(i) The appellant herein, as plaintiff, filed the suit seeking the following reliefs:

“(a) to declare the title of the plaintiff to the suit property described in the schedule hereunder;

(b)to grant permanent injunction restraining the defendant and her men from in any way interfering with the plaintiff‘s possession and enjoyment of the suit property;

(c)to direct the defendant to pay the cost of the suit.” (extracted as such)

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

(iii) Whereupon the trial Court framed the releva










































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