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2020 Supreme(Mad) 1157

P.RAJAMANICKAM
Vimala – Appellant
Versus
Gnaneswaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Parathasarthy, Senior Counsel for Sarvabhauman Associates
For the Respondents: Chitra Sampath, Senior Counsel for V. Nicholas

JUDGMENT :

P. Rajamanickam, J.

1. This Second Appeal has been filed by the plaintiff, against the judgment and decree passed by the II Additional District Judge, Krishnagiri in A.S. No. 108 of 1999 dated 19.12.2000 reversing the judgment and decree passed by the District Munsif, Krishnagiri in O.S. No. 372 of 1996 dated 30.09.1999.

2. The appellant herein had filed a suit in O.S. No. 372 of 1996 on, the file of the District Munsif, Krishnagiri for the relief of declaration of her title over the suit property; for delivery of vacant possession of the suit property; for mandatory injunction directing the defendants to remove the construction/superstructure put up in the suit property and for mesne profits.

3. The learned District Munsif, by judgment dated 30.09.1999 had decreed the suit as prayed for with costs. Aggrieved by the same, the defendants had filed an appeal in A.S. No. 108 of 1999 on the file of the II-Additional District Judge, Krishnagiri. The II-Additional District Judge, by the judgment and decree dated 19.12.2000 had allowed the said appeal and set aside the judgment and decree passed by the Trial Court and dismissed the suit. However, he directed the parties to bear the

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