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2017 Supreme(Mad) 3977

D.KRISHNAKUMAR
K. Balakrishnan – Appellant
Versus
S. Dhanasekar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. T. Murugamanickam, Ms. Zeenath Begum
For the Respondent: Mr. K. Sathapal, Mr. P. Mohanraj

JUDGMENT :

The brief facts of the case as follows:

The respondent/plaintiff has filed a suit in O.S.No.24 of 2012 for permanent injunction against the appellant from interfering with the peaceful possession and enjoyment of the suit property. According to the plaintiff, the suit property originally belonged to one Mariappa Pillai by virtue of a registered sale deed, dated 28.1.1983. A sale agreement, dated 31.10.2004 was entered into between the respondent/plaintiff and the legal heirs of the deceased Mariappa Pillai. Subsequently, the respondent/plaintiff has also purchased the adjacent house site from the legal heirs of Mariappa Pillai by registered sale deed, dated 11.2.2005. The plaintiff is in possession and enjoyment of the same. The appellant/defendant is having house site on the western side of the plaintiff's house site. The defendant attempted to remove the boundary stones in the suit property and to trespass into the suit property. The respondent/plaintiff was examined as P.W.1 and Ex.A1 to A7 were marked. Since the defendant has not entered appearance, exparte decree has been passed against the defendant. Aggrieved by the ex-parte decree, dated 11.1.2013, the defendant ha









































































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