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2017 Supreme(Mad) 3893

T.RAVINDRAN
A. Gurusamy Mudaliar – Appellant
Versus
E. Zeenath – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Murugamanikam for Mr. D. Sivakumar.
For the Respondent: Mr. S. Kaithamalai Kumaran.

JUDGMENT :

The defendant, in this second appeal, has challenged the Judgment and decree dated 26.10.1999 made in A.S.No.43 of 1999 on the file of the Sub Court, Bhavani, confirming the judgment and decree dated 06.04.1999 made in O.S.No.182 of 1996 on the file of the Additional District Munsif Court, Bhavani.

2. The parties are referred to as per their rankings in the trial Court.

3. Suit for permanent injunction and mandatory injunction.

4. In brief, according to the plaintiff's case, the disputed AB Wall is situated on the Southern side of the plaintiff's property and in the disputed Wall, the plaintiff has common 1/2 share and the plaintiff has purchased her property under the sale deed dated 11.06.1973 and the defendant, taking advantage of the dismissal of Interlocutory application, has demolished the common wall and put up construction in the property. The defendant's property is situated to the South of the common wall and the defendant is not entitled to demolish the common wall and further, the defendant is also attempting to put bore well in his property so as to cause damage to the common wall and in such circumstances, according to the plaintiff, she has been necessitated t












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