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2022 Supreme(Mad) 1880

R. VIJAYAKUMAR
Sri Ramalingasamy Educational Trust By its Trustee, Thanjavur District – Appellant
Versus
Thanjavur Municipality Represented by its Commissioner, Thanjavur District – Respondent


Advocates appeared:
For the Appellants:Ramasundar Vijayaraj for M/s. Veera Associates, Advocates. For the Respondents:R1, N. Dilip Kumar, Advocate.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree made in A.S.No.73 of 2012 on the file of the II Additional District and Sessions Judge, Thanjavur dated 30.11.2016 confirming the judgment and decree dated 29.02.2012 made in O.S.No.45 of 2007 on the file of the Principal Subordinate Judge, Thanjavur and allow the second appeal.)

Defendants 3,4, 6 to 9 are the appellants.

2. The plaintiff filed O.S.No.45 of 2007 before the Principal Subordinate Court, Thanjavur for the relief of cancellation of the judgment and decree dated 24.06.2003 passed in O.S.No.74 of 2003 on the file of Principal Subordinate Court, Thanjavur and for recovery of possession of the suit schedule property from the defendants. The plaintiff further prayed for a permanent injunction restraining the defendants 4 to 8 and their legal heirs from alienating the suit schedule property to the second defendant or any other third party. The plaintiff had further prayed for a decree for permanent injunction restraining the defendants or any persons claiming any right derived from them from putting up any construction or building over the suit schedule property. The suit w

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