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2020 Supreme(Mad) 403

P.VELMURUGAN
Vadivel (died) – Appellant
Versus
Rengasamy – Respondent


Advocates Appeared:
For the Appellants:K. Govindarajan, Advocate. For the Respondents:G. Vasudevan, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of CPC against the Judgment and decree dated 19.06.2000 passed in Appeal Suit No.31 of 1998 by the Sub Court, Kulithalai reversing the Judgment and decree dated 12.01.1998 passed in Original Suit No.236 of 1996 by the District Munsif Court, Kulithalai.)

1. The deceased first appellant is the plaintiff in O.S.No.236 of 1996, on the file of the learned District Munsif Court, Kulithalai. The respondents are the defendants 2 and 3 in the said suit. The first appellant filed the suit against the respondents herein for bare injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the suit 'B' schedule property which is nothing but a cart track. The trial Court decreed the suit. Challenging the judgment and decree passed by the trial Court, the respondents herein/defendants 2 and 3 filed an appeal before the Sub Court, Kulithalai, in A.S.No.31 of 1998. The Subordinate Judge, Kulithalai, after hearing the arguments of both sides and upon perusing the entire records, allowed the appeal and dismissed the suit. Challenging the judgment and decree passed by the first appellate Court, the plaintif

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