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2022 Supreme(Mad) 1235

R. VIJAYAKUMAR
Gomuluammal (died) – Appellant
Versus
G. Balasubramanian – Respondent


Advocates appeared:
For the Petitioner:K. Baalasundharam, Advocate. For the Respondent:P. Thiyagarajan, Advocate.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree order dated 25.02.2019 in A.S.No.106 of 2017 passed by the I Additional Subordinate Judge, Tiruchirappalli confirming the judgment and decree dated 06.07.2017 in O.S.No.2384 of 2004 on the file of the III Additional District Munsif Court, Tiruchirappalli by allowing the second appeal.)

1. The defendant is the appellant.

2. The plaintiff filed O.S.No.2384 of 2004 before the III Additional District Munsif Court, Tiruchirappalli for permanent injunction restraining the defendant from in any way interfering with the peaceful enjoyment of the plaintiff in respect of the suit property which is a common lane. The suit was decreed by the trial Court. The defendant filed A.S.No. 106 of 2017 before the I Additional Subordinate Court, Tiruchirappalli. The learned Subordinate Judge was pleased to dismiss the appeal. As against the concurrent finding, the present second appeal has been filed by the defendant.

3. The plaintiff has contended that Door Nos.4, 4A and 4A-1 in North Andar Street, Trichy were originally owned by one M.N.Srinivasan, Trichy. The said M.N.Srinivasan has sold Door No.4 an

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