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2022 Supreme(Mad) 163

R.VIJAYAKUMAR
Chockalingam – Appellant
Versus
Mercy Ammal – Respondent


Advocates Appeared:
For the Appellants :G. Thangavel, Advocate.
For the Respondents:M/s. P. Jessi Jeeva Priya, Advocate.

JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 11.10.2000, made in A.S.No. 63 of 1999 passed by the Subordinate Judge at Sivakasi, confirming the judgment and decree, dated 31.03.1999, made in O.S.No.196 of 1995 passed by the District Munsif at Sivakasi.

1. The defendants are the appellants herein.

2. The plaintiffs filed O.S.No.196 of 1995 before the District Munsif Court, Sivakasi for bare injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule properties. The trial Court decreed the suit. As against the same, the defendants 2 to 5 filed A.S.No.63 of 1999, before the Sub-Court, Sivakasi. The learned Subordinate Judge concurred with the findings of the trial Court and dismissed the first appeal. As against the said judgment and decree, the present second appeal has been filed by the defendants.

3. The plaintiffs have contended that the suit schedule properties originally belonged to one Subbammal and she had alienated the property in favour of the plaintiff on 06.03.1952 under Exhibit A1. The plaintiffs further contended that they are in posse

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