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2019 Supreme(Mad) 2958

P.RAJAMANICKAM
Arumugham – Appellant
Versus
Ramalingam – Respondent


Advocates Appeared:
For the Appellant :M. Vaidyanathan, Advocate.
For the Respondents:R. Sivaraman, Advocate.

JUDGMENT :

P. Rajamanickam, J.

1. This Second Appeal has been filed by the Plaintiffs 2 & 3 against the Judgment and Decree passed by the Additional District Judge-cum-Chief Judicial Magistrate, Salem in A.S. No. 14 of 2000 dated 7.8.2000 reversing the Judgment and Decree passed by the II Additional District Munsif, Salem in O.S. No. 134 of 1994, dated 30.9.1999.

2. One Pachaiappan had filed a Suit in O.S. No. 134 of 1994 on the file of the II Additional District Munsif, Salem, to set aside the Decree passed in O.S. No. 826 of 1985 on the file of the District Munsif, Salem and to restrain the Defendants and their men from in any manner interfering with his peaceful possession and enjoyment of the Suit property by means of a Permanent Injunction. During pendency of the said Suit, the said Pachaiappan died and hence, his sons have been impleaded as Plaintiffs 2 & 3. Subsequently, the Plaint has been amended and a prayer has been included to declare the title of the Plaintiffs to the Suit property. The learned II Additional District Munsif by the Judgment, dated 30.9.1999 had decreed the Suit as prayed for with costs. Aggrieved by the same, the Defendants had filed an Appeal in A.S. No.

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