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2022 Supreme(Mad) 1187

N. ANAND VENKATESH
Karuppan (died) – Appellant
Versus
T. Marappan – Respondent


Advocates appeared:
For the Appellants:T. Dhanyakumar, Advocate. For the Respondents:R1, C. Jagadish, Advocate, R2, Given up.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 31.10.2013 made in A.S.No.5 of 2011 on the file of the Subordinate Judge, Namakkal confirming the judgment and decree dated 24.09.2010 made in O.S.No.1678 of 2004 on the file of the Additional District Munsif Court, Namakkal.)

1. The defendants are the appellants in this Second Appeal.

2. The 1st respondent/plaintiff filed the suit seeking for the relief of permanent injunction against the defendants restraining them from interfering with the peaceful possession and enjoyment of the suit properties.

3. The case of the plaintiff is that he is the absolute owner of the suit property by virtue of a registered Partition Deed dated 27.03.1975. According to the plaintiff, he was allotted the ‘B’ Schedule property measuring an extent of 2.16 acres. The further case of the plaintiff is that the 1st defendant was allotted the ‘A’ Schedule property measuring an extent of 2.09 acres. The grievance of the plaintiff is that the defendants were attempting to interfere with the possession and enjoyment of the suit property and were trying to alter the character of the property. Hence, the suit was

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