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2022 Supreme(Mad) 3366

P. T. ASHA
Vanajatchiammal (died) – Appellant
Versus
Muniyendrian – Respondent


Advocates appeared:
For the Appellants:P. Ravi Shankar Rao, Advocate. For the Respondent:K.A. Ravindran, Advocate.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code to set aside the Judgment and decree dated 02.01.2020 passed by the learned Subordinate Judge, Gudiyattam, Vellore District in A.S.No.4 of 2017 reversing the Judgment and Decree dated 21.03.2017 passed by the learned District Munsif, Gudiyattam, in O.S.No.99 of 2009.)

1. The defendant is the appellant before this Court challenging the Judgment and Decree of the Subordinate Judge, Gudiyattam, in A.S.No.4 of 2017, in and by which, the learned Judge has reversed the Judgment and Decree of the District Munsif, Gudiyattam in O.S.No.99 of 2009. It is necessary to elude to the facts of the case preceding the filing of this second appeal in order to appreciate the objection to the Judgment and Decree under appeal. While so doing, the parties are referred to in the same array as before the Trial Court.

2. The plaintiff had filed O.S.No.99 of 2009 on the file of the District Munsif's Court, Gudiyattam, to declare his title to the property and for a permanent injunction restraining the defendant, her men, servants, agents, etc., from in any manner interfering with the plaintiff's peaceful possession and enjoym

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