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2021 Supreme(Mad) 2467

R.VIJAYAKUMAR
Ramachandran – Appellant
Versus
Sagappa Thever (died) – Respondent


Advocate Appeared:
For the Appellant :V. Meenakshisundaram, A. Sankarasubramanian, Advocates
For the Respondents: Parameshwari for M/s. S.M.S. Johny Basha, adv

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree made in A.S.No 150 of 1998 dated 04.04.2000 passed by the learned Principal Subordinate Judge, Tenkasi partly allowed and partly dismissed in O.S.No.213 of 1994 dated 14.09.1998 passed by the learned Principal District Munsif Court, Sankarankovil.)

1. The unsuccessful first defendant before the Court below is the appellant herein.

2. The plaintiff/first respondent in the appeal had filed O.S.No.213 of 1994 before the Principal District Munsif Court, Sankarankovil for the relief of declaration that he is entitled to 4/15th share in the suit Well. He further prayed for a decree of permanent injunction restraining the first defendant from in any way interfering with his possession of the suit schedule Well and for a mandatory injunction as against the authorities of the electricity department namely D2 to D4 to provide service connection to the suit Well. The suit was decreed as prayed for by the trial Court. The first defendant filed A.S.No.150 of 1998 before the Principal Subordinate Judge, Tenkasi. The learned Subordinate Judge partly allowed the appeal confirming the decree for decl

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