M.VENUGOPAL
Alagesan – Appellant
Versus
Ramanujam (Died) – Respondent
1. The Appellants/Defendants have filed the present Second Appeal as against the Judgment and Decree dated 10.4.1996 in A.S. No.127 of 1994 passed by the Learned Principal District Judge, Villupuram.
2. The First Appellate Court viz., the Learned Principal District Judge, Villupuram, while delivering the Judgment in A.S. No.127 of 1994. dated 10.4.1996 (in the Appeal preferred by the Appellants/Defendants), has among other things observed that ‘it is to be accepted that as prayed for by the Respondent/Plaintiff in the Plaint in the suit land, as seen from the Commissioner’s Report, though AB Channel, the Arumpattu lake water flows and in the said channel, the Appellants/Defendants have destroyed the ‘DC portion’ and further, the water is not flowing to the land of the Respondent/Plaintiff and moreover, the appellants/Defendants in AB Channel have no right to destroy any portion’ and consequently, confirmed the Judgment and Decree of the Trial Court in regard to grant of the relief of mandatory injunction and permanent injunction and dismissed the Appeal with costs.
3. Earlier, in the main Suit before the Trial Court, Issues 1 to 5 have been framed for determination.
4.
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