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2013 Supreme(Mad) 2301

G.RAJASURIA
Indian Bank Circle Office, Cuddalore – Appellant
Versus
V. K. Balaji – Respondent


Advocates Appeared:
For the Appellants:T. Sundar Rajan, Advocate.
For the Respondent:J. Srinivasamohan, Advocate.

JUDGMENT

1. This Second appeal is focused by the defendants animadverting upon the judgment and decree dated 08.02.2012 passed by the Subordinate Court of Chidambaram, in A.S.No.42 of 2011, in reversing the judgment and decree dated 3.11.2011 passed by the Principal District Munsif Court, Chidambaram, in O.S.No.35 of 2009, which was one for permanent injunction.

2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

3. Compendiously and concisely, the germane facts as stood uncurtained and unveiled, which are absolutely necessary for the disposal of this Second Appeal, would run thus:

(i) The respondent herein, as plaintiff filed the suit seeking the following relief:

"to pass a decree for permanent injunction in favour of the plaintiff and thereby restrain the defendants and persons claiming under them from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit property."

(extracted as such)

(b) The warp and woof of the averments as set out in the plaint would run thus:

(i) The immovable property, viz., the residential unit, described in the schedule of the plaint was taken on lease by


































































































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