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2021 Supreme(Mad) 2380

R.PONGIAPPAN
R. Selvaraj – Appellant
Versus
K. Krishnasamy – Respondent


Advocates Appeared:
For the Appellants :V. Ayyapparaja, R. Bharath Kumar, Advocates.
For the Respondents:S. Mukunth for M/s. Sarvabhauman Associates, Advocates, Dr. S. Suriya, Additional Government Pleader.

JUDGMENT :

(Prayer: This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 29.04.2008 made in A.S.No.136 of 2006 on the file of the learned I Additional District Judge, Coimbatore, partly reversing the judgment and decree dated 24.04.2006 made in O.S.No.334 of 2004 on the file of the learned II Additional Subordinate Judge, Coimbatore.)

1. The present second appeal is directed against the judgment and decree dated 29.04.2008 passed in A.S.No.136 of 2006 on the file of the learned I Additional District Judge, Coimbatore, modifying the judgment and decree dated 24.04.2006 passed in O.S.No.334 of 2004 on the file of the learned II Additional Subordinate Judge, Coimbatore.

2. The appellants/plaintiffs have filed a suit before the learned II Additional Subordinate Judge, Coimbatore, seeking the relief of permanent injunction restraining the 1st defendant, his men and agents, or anybody, claiming through him from in any way interfering with the plaintiffs’ peaceful possession and enjoyment of the suit property and for costs. The learned II Additional Subordinate Judge, Coimbatore, by judgment and decree dated 24.04.2006,

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