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2016 Supreme(Mad) 1524

P.KALAIYARASAN
Thomas – Appellant
Versus
Thiyagarajan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. P. Premkumar
For the Respondent: Mr. A. Palaniappan

JUDGMENT :

This Second Appeal is filed against the Judgment and Decree, dated 13.08.2002 made in O.S. No. 197 of 1997 on the file of the District Munsif-cum-Judicial Magistrate, Ambattur, as confirmed in the Judgment and Decree, dated 28.01.2004 made in A.S. No. 28 of 2002 on the file of the Subordinate Judge, Poonamallee.

2. The defendants in O.S. No. 197 of 1997 on the file of the District Munsif Court, Ambattur (O.S. No. 653 of 1988 on the file of the District Munsif Court, Poonamalee) are the appellants herein.

3. The respondent/plaintiff filed the suit for declaration that he is entitled to have frontage right from 'A' 'B' and 'C' schedule properties through 'D' schedule property and also mandatory injunction, directing the defendants to remove the superstructure in the 'D' schedule property and keep the same as vacant.

4. The parties herein will be referred to according to their rank in the suit.

5. The plaint 'A' schedule property belongs to the plaintiff. 'B' and 'C' schedule properties belong to his brother Sundaramoorthy and sister Mangala. The plaintiff is maintaining all the above properties. The plaintiff, his brother and his sister got these properties from their father th





















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