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2014 Supreme(Mad) 4540

R.MAHADEVAN
K. Krishnamoorthy – Appellant
Versus
Nagammal – Respondent


Advocates Appeared:
Mr. R.Krishnaprasad for M/s. Sarvabhauman Associates
Mr. C.R.Prasanan

JUDGMENT

Plaintiff, who lost his case before both the courts below is the appellant in the second appeal.

2. The plaintiff/appellant herein filed the abovesaid suit for the relief of declaration that the plaintiff is entitled to the user of the common pathway for his free engress and ingress without any hindrance whatsoever to reach ''A'' schedule property and for mandatory injunction directing the defendants to remove the unlawful obstruction of 2 feet brick wall on the west of ''B'' schedule property and situate very near to south of the ''A'' schedule property on or before a date that may be prescribed by the court and in failure thereof, to appoint an officer of the court to effect such removal at the cost of the plaintiff, which is recoverable by him from the defendants later.

3. The case of the plaintiff is as follows:

The suit ''A'' schedule property originally belonged to the father of the plaintiff by name M.Karuppuswamy, having been purchased by him under a registered sale deed dated 03.09.1963 and eversince from the date of such purchase, the plaintiff is in possession and enjoyment of the same. The father of the plaintiff died on 24.11.1991. The adjacent land to 'A' schedu








































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