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2018 Supreme(Mad) 1556

T.RAVINDRAN
Ragupathi – Appellant
Versus
Baskaran – Respondent


Advocates Appeared:
For the Appellant : Mr. N. Manokaran
For the Respondent: Mr. P.Jagadeesan

JUDGMENT :

In this second appeal challenge is made to the judgment and decree dated 22.12.2003, passed in A.S.No.15 of 2003, on the file of the Subordinate Court, Sankari, reversing the judgment and decree dated 31.03.2003, passed in O.S. No.81 of 2000, on the file of the District Munsif Court, Sankari.

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

3. Suit for permanent injunction.

4. The case of the plaintiffs, in brief, is that the plaintiffs 2 and 3 are the sons of the first plaintiff's elder brother's son. The defendants 1 to 4 are the sons of the 5th defendant and the defendants 1 to 4 are the sons of another elder brother of the first plaintiff. The suit property is a common cart track and it branches from north south high ways road in S.No.179/9-B-2-B and runs through the defendants' lands in S.No.179/9-B-2-A and the lands of the plaintiffs 2 and 3 in S.No.179/9-B-1 and reaches the first plaintiff's land in S.No.179/9-A on the southern side of the same survey numbers and on the west of the north south high ways road to a breadth of 10 feet and a length of 100 feet as shown in the plaint plan as ABCD. The abovesaid property and other properties originally b














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