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2022 Supreme(Mad) 836

C.V.KARTHIKEYAN
M. K. Shanmugam (deceased) – Appellant
Versus
K. A. Muthusamy – Respondent


Advocates:
Advocate Appeared:
For the Appellant:D.Shiva Kumaran, Advocate.
For the Respondent:P. Valliappan, Advocate.

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 25.02.2004 in A.S.No. 5 of 2003 confirming the Judgment and Decree dated 20.11.1998 in O.S.No. 573 of 1988 on the file of the District Munsif Court, Sankari

This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 25.02.2004 in A.S.No. 38 of 2000 confirming the Judgment and Decree dated 20.11.1998 in O.S.No. 568 of 1988 on the file of the District Munsif Court, Sankari)

1. The plaintiff, M.K.Shanmugam in O.S.No. 568 of 1988 on the file of the District Munsif Court at Sankari is the appellant in S.A.No. 1799 of 2004.

2. The said suit in O.S.No. 568 of 1988 had been filed by the plaintiff M.K.Shanmugam against the defendant K.A.Muthusamy seeking permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the suit property including letting out sewerage water in the suit property and for costs.

3. The suit property was described as a lane measured 1 ½ feet width and about 60 feet length to the North of the properties of the plaintiff and to the South of the prope

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