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2020 Supreme(Mad) 1413

G.JAYACHANDRAN
Palaniappa Gounder (deceased) – Appellant
Versus
Pongianna Gounder (deceased) – Respondent


Advocates Appeared:
For the Appellant :Chitra Sampath, Senior Counsel, P. Kannakumar, Advocate.
For the Respondents:V. Anand, Advocate.

JUDGMENT :

(Prayer in S.A.No.1994 of 1999:Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 30.06.1999 made in A.S.no.245 of 1998 on the file of the II Additional District Court, Erode reversing the judgment and decree dated 25.11.1998, made in O.S.No.630 of 1991 on the file of the Principal District Munsif Court(Civil Judge-Junior Division), Erode.

S.A.No.1995 of 1999: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 30.06.1999 made in A.S.No.246 of 1998 on the file of the II Additional District Court, Erode, reversing the judgment and decree dated 25.11.1998 made in O.S.No.1025/1990 on the file of the Principal District Munsif Court (Civil Judge, Junior Division), Erode.)

(The case has been heard through video conference)

1. The chequered journey of the present litigation between the parties in these two second appeals is capsulated as under:-

    O.S.No.1025/1990 was filed by one Sengottaian and 5 others against Palaniappa Gounder, his wife and two sons for declaration and perpectual injunction in respect of a cart track. As per the plaint in this suit, the said

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