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2022 Supreme(Mad) 53

R.PONGIAPPAN
Ramakrishnan (Died) – Appellant
Versus
Govindasami Gounder – Respondent


Advocates Appeared:
For the Appellants :P. Mani, Advocate.
For the Respondent: P. Sivamani, Advcoate.

JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 30.07.2009 made in A.S.No.11 of 2007 on the file of the Sub Court, Cheyyar, in confirming the judgment and decree dated 29.12.2006 made in O.S.No.183 of 2003 on the file of the Additional District Munsif Court, Vandavasi.

1. This appeal is focused as against the judgment and decree dated 30.07.2009 made in A.S.No.11 of 2007 on the file of the learned Subordinate Judge, Cheyyar, confirming the judgment and decree dated 29.12.2006 made in O.S.No.183 of 2003 on the file of the learned Additional District Munsif, Vandavasi.

2. For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the trial Court.

3. The laconic averments made in the plaint, are as follows:

    [i] The plaintiff was the owner, he has right and title over the suit property. The defendant is the neighbouring land owner. The plaintiff had purchased the suit property on 25.05.1996 and thereafter, he had been enjoying the suit property, without any hindrance from others. He had been enjoying the suit property 20 years prior to the sale. The defendant has n

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