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2017 Supreme(Mad) 3898

T.RAVINDRAN
K. E. Mohan – Appellant
Versus
J. K. Narasimha Bhagavathar (deceased) – Respondent


Advocates Appeared:
For the Appellant : Mr. K. Bijai Sundar.
For the Respondent: Mr. Haja Naziruddeen for M/s. R. Tholgappian.

JUDGMENT :

1. This second appeal is directed against the judgment and decree dated 30.11.2000 made in A.S. No. 11 of 1996 on the file of the Subordinate Court, Arni, Thiruvannamalai District, confirming the judgment and decree dated 15.11.1995 made in O.S. No. 897 of 1992 on the file of the District Munsif Court, Arni.

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

3. Suit for Permanent Injunction.

4. The case of the plaintiff, in brief, is that the plaintiff is the owner of the building bearing door No. 193, Sathiyamoorthy Road, Arni town and the defendant was owning an old house on the southern side of the plaintiff's building and he had demolished his old building and put up a new building therein and the defendant has permitted the plaintiff to have the windows and ventilator on the southern wall of the plaintiff and thereby, the plaintiff had put up sunshades and 12 windows on the southern side of the wall facing the defendant's property and when the plaintiff was putting up the construction, the defendant filed a suit for permanent injunction for a direction by way of mandatory injunction to close the 12 windows and remove the sunshades in O.S. No. 514 of 19











































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