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2021 Supreme(Mad) 1372

P.T.ASHA
Ramakrishnan, Rep. by his Power of Attorney Holder, E. R. Ravichandran – Appellant
Versus
Executive Officer, Arulmighu Badrakaliyamman Koil, Anthiyur – Respondent


Advocates Appeared:
For the Appellant :V. Paul Das for M/s. M.L. Ganesh, Advocates.
For the Respondents:Sathya Satheesh for M/s. Seenath Begum, Advocates.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 28.03.2008 in A.S.No.42 of 2007 on the file of the learned Additional District Judge (Fast Track Court No.IV), Bhavani, Erode District, reversing the Judgment and Decree dated 30.07.2007 in O.S.No.429 of 2005 on the file of the learned Principal District Munsif, Bhavani, Erode District.)

1. The plaintiff in a suit for bare injunction has filed this Second Appeal challenging the Judgment and Decree dated 28.03.2008 in A.S.No.42 of 2007 on the file of the learned Additional District Judge (Fast Track Court No.IV), Bhavani, Erode, reversing the Judgment and Decree dated 30.07.2007 in O.S.No.429 of 2005 on the file of the learned Principal District Munsif, Bhavani, Erode. The parties are referred to in their litigative status as in the trial Court.

2. The plaintiff had filed the suit O.S.No.429 of 2005 on the file of the learned District Munsif, Bhavani, Erode District, for the following reliefs:

    “(a) restraining the defendants, their men and agents from in any manner interfering with the plaintiff’s peaceful possession and enjoyment of the suit property by means o

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