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2019 Supreme(Mad) 2535

R.SUBRAMANIAN
Sundari – Appellant
Versus
Gandhi – Respondent


Advocates Appeared:
For the Appellant :S. Sounthar, Advocate
For the Respondents:A. Muthukumar, Advocate

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree of the learned Principal Sub Judge, Mayiladuthurai, dated 12.11.2013 in A.S.No.7 of 2013, modifying the judgment and decree of the learned District Munsif, Mayiladuthurai, dated 06.12.2012 in O.S.No.153 of 2011.)

1. The 1st defendant in O.S.No.153 of 2011, who suffered a decree for declaration that the plaintiff has got a natural right to reach the road on the east of A schedule property from every point it abuts the road and for consequential mandatory injunction directing the 2nd defendant to remove the encroachment made by the 1st defendant in the 'B' Schedule property on its conformation by the lower appellate Court in A.S.No.7 of 2013, has come up with the second appeal.

2. The case of the plaintiff before the trial Court was that he owns property bearing D.No.15D/4, Thirmanjana Veedhi, Koranad, Mayiladudurai. The suit property is bounded by Thirumanjana veedhi on the east and cauvery line karai on the north. According to the plaintiff, the main entrance of the property is facing east opening on Thirumanjana Veedhi. The plaintiff would contend that the 1st defendant had encro

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