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2021 Supreme(Mad) 2598

R. VIJAYAKUMAR
A. P. Natchimuthu (died) – Appellant
Versus
Bank of Baroda, Chennai – Respondent


Advocate Appeared:
For the Appellants :K. Govindarajan for M/s. Sarvabhuman Associates Advocates.
For the Respondent:R. Subramanian, C. Anumantha Rao Advocates.

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of the Learned Principal District Judge, Karur, dated 23.04.2003 in A.S.No.80 of 2002 reversing the judgment and decree of the Principal District Munsif Court, Karur in O.S.No.29 of 2000.)

1. The plaintiffs are the appellants herein.

2. The plaintiffs filed O.S.No.29 of 2000, before the Principal District Munsif Court, Karur for permanent injunction not to disturb their possession over the suit schedule properties. The suit was decreed as prayed for. The defendant filed A.S.No.80 of 2002 before the Principal District Court, Karur. The first appeal was allowed and the suit was dismissed. As against the same, the plaintiffs have filed the present second appeal.

3. The plaintiffs had contended that they had purchased the suit schedule property from one, Swaminathan on 15.02.1996. The plaintiffs had further contended that the defendant which is a Nationalised Bank is attempting to interfere with their possession over the suit schedule properties and hence, the present suit.

4. The defendant filed a written statement contending that though the said Swaminathan is the owner of

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