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2019 Supreme(Mad) 3422

R.PONGIAPPAN
S. P. Lourthusami – Appellant
Versus
K. Samuel – Respondent


Advocates Appeared:
For the Appellant :R. Vijaya Kumar for P. Subharaj, Advocates
For the Respondent:G. Gomathi Shankar for M.V. Krishnan, Advocates

JUDGMENT :

R. Pongiappan, J.

1. This second appeal is preferred against the Judgment and Decree, dated 19.08.1998, passed in AS No. 67 of 1996 on the file of the learned Subordinate Judge, Palani.

2. Before the trial Court the first respondent K. Samuel, the 'deceased San-thanammal and the respondents 3 to 6 herein filed a suit as against the appellants in the year 1990 and seeking the relief of permanent injunction restraining the defendants and their men from in any way interfering with the peaceful possession and enjoyment of the suit property, i.e., Item Nos. 1 to 6 and for costs.

3. By Judgment and Decree, dated 05.08.1993, the learned District Munsif-cum-Judicial Magistrate, Kodaikanal, had allowed the suit in respect to the first item of the suit property In respect to the item Nos. 2 to 6 of the suit schedule property, the claim made by the plaintiffs/respondents are dismissed. Aggrieved over the said findings, the plaintiffs/respondents filed an appeal in A.S. No. 67 of 1996 on the file of the learned Subordinate Judge, Palani.

4. After elaborate enquiry, the learned Subordinate-Judge, Palani, by Judgment and Decree/dated 19.08.1998 allowed the appeal and granted injunction in

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