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2022 Supreme(Mad) 3270

C. V. KARTHIKEYAN
Raja Shanmugam (Died) – Appellant
Versus
Arulmighu Pidari Uchi Amarathamman Koil, Rep by its Trustee, Madras – Respondent


Advocates appeared:
For the Appellants:S.R. Raghunathan Assisted by Manjunath Karthikeyan, Advocates. For the Respondents:R1, N. Velmurugan, R3, Sampath Kumar, Advocates.

JUDGMENT

(Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree dated 29.01.1997 made in A.S.No.37 & 57 of 1992 on the file of the Court of Subordinate Judge, Tiruvallur preferred against O.S.No.557 of 1985 on the file of the Court of District Munsif, Ponneri.)

1. The plaintiff in O.S.No.557/1985 on the file of the District Munsiff Court at Ponneri is the appellant herein. Pending the appeal, he died and his legal representatives had been brought on record as 1st and 2nd appellants.

2. The suit in O.S.No.557/1985 had been filed by the plaintiff against Arulmigu Pidari Uchi Amarthalamman Koil represented by its trustee and against Annapathina Subbulu and Nellore Kondaiah seeking permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment by the plaintiff of the suit property in any manner either by collecting the rent or in any other manner and for costs for the suit.

3. The suit schedule property was land measuring about 7 acres known as Mattu Manthai in Sy.No.149, Sathankadu Village, Madhavaram firka, Saidapet Taluk, Thiruvottiyur District.

4. By judgment dated 16.04.1992, the District Munsiff, Ponneri,

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