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2022 Supreme(Mad) 1343

N. ANAND VENKATESH
R. Madhavan – Appellant
Versus
Karunanithi – Respondent


Advocates appeared:
For the Appellants:T. Dhanasekaran, Advocate. For the Respondents:R1 & R2, A. Sundaravadanan, D. Balachandran, Advocates, R3 to R10, No appearance.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the Judgment and decree dated 23.10.2013 made in A.S.No.32 of 2010 on the file of the Subordinate Judge, Tiruppattur, Vellore District, modifying the judgment and decree dated 15.12.2009 made in O.S.No.156 of 1998 on the file of the District Munsif, Tiruppattur, Vellore District.)

1. The plaintiffs are the appellants in the Second Appeal.

2. The case of the plaintiffs is that the suit property contains totally 7 items of properties and item Nos.1 to 5 absolutely belong to the 1st plaintiff and item Nos. 6 and 7 absolutely belong to the 2nd plaintiff. The further case of the plaintiffs is that in order to conveniently enjoy their properties and for their proper access from Tirupattur-Salem Highways, they purchased Survey Nos. 494/3 and 494/1C through a registered Sale Deed dated 22.01.1990, marked as Ex.A1, from one Lalithammal, Kalaivani and Santhammal. These two properties have been shown as item Nos.1 and 2 in the suit schedule. It is being used as cart track to access the other properties. Thereby, the plaintiffs are claiming title, ownership and possession of all the suit properties exclusively. They also

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