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2022 Supreme(Mad) 1324

N. ANAND VENKATESH
S. N. Subramani – Appellant
Versus
R. Rathnasamy (died) – Respondent


Advocates appeared:
For the Appellants:S. Saravanan, Advocate. For the Respondents:R2, R5 to R7, K.S. Jeyaganeshan, Advocate, R3 & R4, E. Indumathi, Government Advocate.

JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.88 of 2011, dated 18.07.2012, on the file of the I Additional Subordinate Judge, Erode, confirming the judgment and decree passed in O.S.No.194 of 2009 dated 20.8.2011 on the file of the II Additional District Munsif Court, Erode.)

1. The defendants 1 to 5, 8 and 9 are the appellants in this Second Appeal.

2. The 1st and 2nd respondents along with their father filed a suit seeking for the relief of declaration of title in the suit property and for a declaration that the registration of the new cart track through sale deed dated 25.01.2008 by the 2nd defendant in favour of the 1st defendant is null and void and for the relief of permanent injunction.

3. The case of the plaintiff is that they are the absolute owners of the suit property in R.S.No.519/2 measuring an extent of 15 cents and the entire extent of R.S.No.519/3 and they also claimed to be the joint owners of R.S.No.519/4 along with one Karuppana Gounder. The further case of the plaintiffs is that on the northern side of their properties, there is a cart track with a width of 15 feet which runs

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