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2021 Supreme(Mad) 3076

G.R.SWAMINATHAN
Muthulakshmi – Appellant
Versus
Angarai Village Panchayat by its Executive Authority the Commissioner, Kalgudi Panchayat Union, Poovaalur, Lalgudi Taluk, Trichy District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.VR.Venkatesan
For the Respondent: Mr.S.K.Mani

JUDGMENT :

The second plaintiff in O.S.No.492 of 1995 on the file of the District Munsif Court cum Judicial Magistrate, Lalgudi, is the appellant herein. Along with one Narayanan, the said suit was filed for the relief of permanent injunction restraining the local panchayat from interfering with the plaintiff's possession and enjoyment of the suit property. The defendant panchyat submitted that the suit property is a natham poromboke and that it belongs to the local panchayat. The suit property was never in the enjoyment of the plaintiffs or their predecessor-in-title. The local body is utilizing the suit property for dumping garbage. According to the defendant, the plaintiffs are not entitled to any relief. Based on the divergent pleadings, the trial court framed the necessary issues. The first plaintiff examined himself as P.W.2, while the appellant's husband was examined as P.W.1. Ex.A1 to Ex.A4 were marked. On the side of the defendant, panchayat staff were examined. Ex.B1 to Ex.B4 were marked. An advocate commissioner was appointed and his report and plan were marked as Court Ex.X1 and Ex.X2. After a consideration of the evidence on record, by judgment and decree dated 30.11.19

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