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2023 Supreme(Mad) 42

S. SOUNTHAR
M. Madasamy (Died) – Appellant
Versus
M. Annabackiyam (Died) – Respondent


Advocates Appeared:
For the Appellants : Mr. R. Devaraj.
For the Respondents: Mr. V. Meenakshisundaram for Mr. R.T. Arivukumar, Mr. M. Arjunvarman for Mr. T. Lajapathiroy.

JUDGMENT :

[Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 26.07.2000 made in Appeal and Cross Appeal No.199 of 1998 on the file of the Sub Court, Kovilpatti and the judgment and decree dated 09.07.1998 made in O.S.No.4 of 1996 on the file of the District Munsif's Court, Kovilpatti by allowing this appeal.]

1. The plaintiff in the suit is the 1st appellant. The suit was filed seeking declaration of title and injunction. The suit was decreed by the trial Court to the extent of half of the suit property. Aggrieved by the same, the 1st appellant had filed an appeal in A.S.No.199 of 1998 insofar as the portion of the decree dismissing the suit is concerned, and respondents 1 and 3 herein also preferred a cross objection in respect of the decreed portion. The first appellate Court reversed the findings of the trial Court insofar as the relief of permanent injunction is concerned and allowed the cross objection filed by respondents 1 and 3 to that extent. The appeal filed by the 1st appellant was dismissed by confirming the other findings of the trial Court. Insofar as the relief of declaration is concerned, the finding of the tri

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