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2021 Supreme(Mad) 2582

V.BHAVANI SUBBAROYAN
R. Ramasamy – Appellant
Versus
Appavu @ Rengasamy – Respondent


Advocate Appeared:
For the Appellant :A. Haja Mohideen, Advocate.
For the Respondent:Raguvaran Gopalan, K. Prabhakar, Advocates.

JUDGMENT :-

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 17.03.2020 passed in A.S.No.29 of 2019, on the file of the Subordinate Court, Manapparai, confirming the judgment and decree dated 06.11.2019 passed in O.S.No.426 of 2014 on the file of the Additional District Munsif Court, Manapparai.)

1. The concurrent Judgments and decrees passed in O.S.No.426 of 2014 by the Additional District Munsif Court, Manapparai and in A.S.No.29 of 2019, by the Subordinate Court, Manapparai, are being challenged in the present Second Appeal.

2. The respondent/plaintiff has instituted a suit in O.S.No.426 of 2014 on the file of the trial Court for the relief of permanent injunction and to restrain the defendant, his men, agents and servant and all persons claiming through or under them from interfering with the plaintiff's peaceful possession and enjoyment of the suit 'A' schedule property either by trespassing into the suit 'A' schedule property or in any manner whatsoever and for declaration that the plaintiff is entitled to exercise free ingress and egress into the suit 'B' schedule property and right to use the motor pump set er

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