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2010 Supreme(Mad) 3648

M.JAICHANDREN
Sengodagounder – Appellant
Versus
K. S. Nallsivam – Respondent


Advocates Appeared:
For the Appellants:N. Manokaran, Advocate.
For the Respondent:T.D. Vasu, Advocate.

Judgment :-

1. This second appeal has been filed against the judgment and decree, dated 30.6.2003, made in A.S.No.86 of 2003, on the file of the Additional District Court (Fast Track Court No.IV) Erode, at Bhavani, confirming the judgment and decree, dated 14.12.2001, made in O.S.No.190 of 1999, on the file of the I Additional District Munsif Court, Bhavani.

2. The plaintiffs in the suit, in O.S.No.190 of 1999, on the file of the I Additional District Court, Bhavani, are the appellants in the present second appeal. The defendant in the said suit is the respondent herein. The suit had been filed praying for a decree of permanent injunction.

3. It has been stated by the appellants, who were the plaintiffs in the suit, in O.S.No.190 of 1999, that the first appellant is the father of the second appellant. The respondent is their neighbour. It has been further stated that the suit properties are the ancestral properties of the appellants. The respondent, who is the owner of the property situated in R.S.No.81/1A, had claimed certain rights in the cart track running through R.S.Nos.84/16, 84/8 and 83/17, from Kannimadaipudur Road, to his patta land.

4. On the contrary, in the written stat



























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