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2007 Supreme(Mad) 1175

S.NAGAMUTHU
Amutha Beellarmine Corera – Appellant
Versus
Elsie Villavarayer – Respondent


Advocates Appeared:
For the Petitioner:J. Anandavalli, S. Subbiah, Advocates.
For the Respondent:H. Arumugam, A. Sankara Subramanian, Advocates.

Judgment :-

These Civil Revision Petitions have been filed by the petitioner herein, challenging the orders dated 25.08.2005 and 15.12.2005 made in I.A.Nos.362 & 555 of 2005 respectively in O.S.No.47 of 2005, on the file of the learned Additional District Munsif, Tuticorin.

2. Brief facts of the case are as follows:-

The respondent in both the civil revision petitions has filed the suit in O.S.No.47 of 2005, against the petitioner herein on the file of the learned Additional District Munsif, Tuticorin, for declaration of easementary right of getting free flow of air and light through the second schedule property and for consequential injunction restraining the petitioner herein who is the defendant from interfering with the plaintiff’s above right and for other related reliefs. The petitioner/defendant has filed a written statement before the lower Court and contested the suit. The petitioner herein examined herself as D.W.1 before the trial Court. At that point of time, an attempt was made to mark a xerox copy of the approved plan relating to the construction of the building on the suit property through her. Since it was opposed, the petitioner filed I.A.No.362 of 2005, to mark th














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