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2021 Supreme(Mad) 1064

P.T.ASHA
Kapali (deceased), Nithya (deceased) – Appellant
Versus
G. Mani – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.R.Thiyagarajan
For the Respondent: Mr.K.P. Gopalakrishnan

JUDGMENT :

The defendants are the appellants before this Court. They seek to challenge the Judgment and Decree passed by the learned Additional District and Sessions Judge, Fast Tract Court - I, Chennai in A.S.No.157 of 1997, in and by which the learned Judge has set aside the Judgment and Decree passed in O.S.No.4386 of 1994 by the I Assistant Judge, City Civil Court, Chennai.

2. The facts in brief preeceding the filing of the above Second Appeal are as follows:

3. The parties are referred to in the same array as in the suit. The plaintiff was the owner of the property described in suit schedule property. It is his case that the property had been allotted to him under a registered partition in the year 1986 dated 10.02.1986 registered as Doc.No.353 on the file of the Sub Registrar, Adyar. After the property had been allotted to him he had constructed a house in the said plot and was in possession and enjoyment of the same without any disturbance.

4. Thereafter, he had obtained necessary permission for putting up construction and for laying drainage line from his house to the main drainage system. The plaintiff would submit that the defendants who have no right whatsoever objected to t

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