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2022 Supreme(Mad) 213

R.PONGIAPPAN
Kandasamy Chettiar – Appellant
Versus
Muthusamy – Respondent


Advocates Appeared:
For the Appellants : T.L. Thirumalaisamy.
For the Respondents: P. Valliappan.

JUDGMENT :

(Prayer: This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 29.03.2010 made in A.S.No.151 of 2008 on the file of the learned Subordinate Judge, Thiruchengode, reversing the judgment and decree dated 30.04.2008 made in O.S.No.189 of 2001 on the file of the District Munsif, Thiruchengode.)

1. The Second Appeal is focused as against the judgment and decree dated 29.03.2010 passed in A.S.No.151 of 2008 by the learned Subordinate Judge, Thiruchengode, in reversing the judgment and decree dated 30.04.2008, made in O.S.No.189 of 2001 by the learned District Munsif, Thiruchengode. The suit is for the relief of permanent injunction.

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 suit properties are originally natham lands in Survey No.102/3. The plaintiffs and their ancestors were residing therein along with their family members and plaintiffs have now shifted their residence to other place. As of now, there is a cattle shed in the 1st item of the suit schedule pr

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