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2021 Supreme(Mad) 3254

M.SUNDAR
Gurusamy – Appellant
Versus
Kolandasamy – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. S.V. Karthikeyan.

JUDGMENT :

This litigation commenced more than one decade and two years ago or in other words more than 12 years ago. To be precise vide a plaint presented on 10.12.2008 in the 'First Additional District Munsif's Court, Bhavani' [hereinafter 'Trial Court'] which was taken on file as OS.No.376 of 2008 by the Trial Court.

2. Suit property is a cart track, which is access to the plaintiff's property and going by the plaintiff's pleadings this cart track runs west to south. The suit property is described in the following manner :

3. Prayer in the plaint is for an injunction restraining the defendants from interfering with the plaintiff's use and enjoyment of the suit cart track, besides further injunction restraining the defendant from ploughing and removing earth/sand etc. There is also a prayer for removal of encroachment made by the defendants in a suit cart track.

4. Parties to the lis are blood relatives. Plaintiff, defendants 1, 4 and 5 are siblings, defendants 2 and 3 are sons of first defendant. Defendants entered appearance in the trial Court through two separate sets of lawyers and they completed pleadings. Trial Court framed two issues and two additional issues, which read as fo

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