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1997 Supreme(Mad) 1573

S.M.Abdul Wahab
K. PICHAI MOHIDEEN – Appellant
Versus
M. K. M. ABDUL HAKKIM – Respondent


Advocates Appeared:
For the Appellant :S.V. Jayaraman for P.K. Jamal Mohamed, Advocates
For the Respondent:Hajee K.A. Mustafa, for Respondent in S.A. 1081 of 1996 and V. Raghavachari,
in S.A. Nos. 1082 and 1083, Advocates

ORDER

S.M. Abdul Wahab, J.

These three second appeals arise out of a common judgment in A.S. No. 258 of 1993 and l3 and 14 of 1994 dated 27.3.1996 on the file of the Principal Subordinate Judge, Tiruchirappalli confirming the common judgment and decrees dated 30.9.1994 in O.S.Nos. 1967 of 1983, 1778 of 1982 and 1827 of 1983 on the file of the 1st Additional District Munsif, Tiruchirappalli.

2. In all the three suits, the relief claimed relates to pathway. In O.S.No. 1967 of 1983, the plaintiff claims the pathway running east to west from the Race Course Road, Tiruchirappalli having a width of 30' and length of 90' and 100' North to south with the same width of 30' in Survey Nos. 29/1 and 29/3. The relief in the suit is for injunction restraining the common defendant in all the three suits from interfering with the possession and enjoyment of the pathway by the plaintiff in any manner. In O.S.No. 1778 of 1992 and O.S.No. 182 of 1983 the relief claimed is for declaration and injunction relating to the western extension of the east-west pathway mentioned in the first suit measuring an extent of 174' East to West and 11' North to South. The short facts to appreciate the rival claims are a

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