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2018 Supreme(Mad) 2300

V.M.VELUMANI
R. Vasantha – Appellant
Versus
K. S. Ranganathan (died) – Respondent


Advocates Appeared:
For the Appellant : Mr. M. Ramadoss for Mr. C.T. Mohan.

JUDGMENT :

1. Second Appeal is filed against the judgment and decree dated 27.07.2017 made in A.S.No.1 of 2013 on the file of the Sub Court, Tambaram, confirming the judgment and decree dated 31.10.2012 made in O.S.No.48 of 2004 on the file of the Additional District Munsif Court, Alandur.

2. The plaintiff who is unsuccessful in both the Courts below have filed the present Second Appeal. The appellant filed O.S.No.48 of 2004 on the file of the Additional District Munsif Court, Alandur against one K.S. Ranganathan for declaration to declare that B Schedule property is the only passage of the appellant for ingress and egress to the suit A Schedule; injunction restraining the defendant from trespassing or making construction in any portion of the B Schedule and thereby interfering with appellant's exclusive enjoyment of access to the A Schedule property. Subsequently, the appellant filed I.A.No.41 of 2008 to include the prayer of mandatory injunction. As per the order passed on 22.01.2008 in I.A.No.41 of 2008, amendment was carried out to include the prayer for a mandatory injunction, directing the defendant to remove construction and all kinds of encroachment made by him over the B Sch


















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