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2022 Supreme(Mad) 729

Amutha – Appellant
Versus
Radhakrishnan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N. Nagu Sah, Advocate.
For the Respondent:K. Govi Ganeshan, Advocate.

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Decree and Judgment dated 06.08.2008 passed in A.S.No. 33 of 2005 by the learned Subordinate Judge at madurantakkam, Kanchipuram District by reversing the Decree and Judgment dated 13.04.2005 passed in O.S.No. 278 of 2001 by the District Munsif Maduranthakkam, Kanchipuram District.)

1. The plaintiffs in O.S.No. 278 of 2001 on the file of the District Munsif Court at Maduranthakkam are the appellants herein.

2. O.S.No. 278 of 2001 had been filed originally by the plaintiff Kalyana Sundaram. He died pending the suit and his legal representatives were brought on record as 2nd to 5th plaintiffs. The suit was filed for permanent injunction restraining the defendants from interfering with possession and enjoyment of the suit property, namely, private land and for costs of the suit.

3. The suit schedule property was described as property in Gandhi Nagar, Madurantakkam, Kancheepuram District in S.No. 836, measuring North to South 50 feet and East to West 4 feet. By Judgment dated 13.04.2005, the District Munsif Court, Madurantakkam, had decreed the suit with costs and granted permanent injunc

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