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2019 Supreme(Mad) 708

T.RAVINDRAN
Kalaiselvi – Appellant
Versus
P. Nagarathinam – Respondent


Advocate Appeared:
For the Appellant :A. Gowthaman, M. Suresh, Advocates.
For the Respondents:R. Prathapan, Advocate, N. Manikandan, Government Advocate (CS).

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree of the learned Sub-Ordinate Judge, Arni in partly allowing the Appeal in A.S.No.3 of 2003 dated 01.03.2005 on his file and reversing the judgment and decree of the learned Principal District Munsif, Arni in O.S.No.159 of 1998 on his file dated 29.11.2002.)

1. Challenge in this second appeal is made to the judgment and decree dated 01.03.2005 passed in A.S.No.3 of 2003 on the file of the Subordinate Court, Arni, partly reversing the judgment and decree dated 29.11.2002 passed in O.S.No.159 of 1998 on the file of the Principal District Munsif Court, Arni.

2. The second appeal has been admitted on the following substantial questions of law.

"1. Whether the judgment and decree of the learned appellate court is contrary to right conformed on the appellant under Section 13 of Indian Easements Act, 1882?

2. Whether the learned appellate court having accepted the title of the appellant with regard to 'B' schedule suit property can without any findings nor reasons reverse the relief granted with regard to 'B' schedule suit property?

3. Considering the scope of the issues involved bet



























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