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2010 Supreme(Mad) 3614

R.SUBBIAH
Tamil Nadu Electricity Board rep. by its Chairman, Chennai – Appellant
Versus
V. Dharmalingam – Respondent


Advocates Appeared:
For the Appellants:N. Muthusamy, Advocate.
For the Respondent:S. Kaithamalai Kumaran, Advocate.

Judgment :-

1. The defendants are the appellants, who filed this Second Appeal aggrieved over the decree and judgment dated 05.03.2001 passed by the learned II Additional District Judge, Erode, in A.S.No.231 of 2000, whereby the decree and judgment dated 12.09.2000 passed by the learned I Additional District Munsif, Erode, in O.S.No.574 of 1999, were set aside.

2. The respondent herein filed the suit in O.S.No.574 of 1999 on the file of I Additional District Munsif Court, Erode, against the appellants to grant a permanent injunction restraining them from installing or erecting the transformer abutting the suit properties, stating that the suit properties consisting of a terraced house and shops, absolutely belonged to the respondent/plaintiff by virtue of a partition dated 25.06.1969 among his brothers and on the immediate north of the suit properties, there is a Highway Road called as Sathi Road. The plaintiff is having a right of way on all points on the Highway Road to reach his properties and hence, he is using the said road for his ingress and egress to reach the suit properties. There is a high voltage transformer erected long back in front of the suit properties at a distance















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