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2023 Supreme(Mad) 2600

KRISHNAN RAMASAMY
Narashimalu Naidu – Appellant
Versus
Raju – Respondent


Advocates appeared:
For the Appellant:V.K. Vijayaragavan, Advocate. For the Respondent:S. Rajesh Kanna Amicus Curiae, Advocate.

JUDGMENT

(Prayer: The Second Appeal is filed under Section 100 of the Civil Procedure Code, against the decree and judgment passed in A.S.No.65 of 2006, dated 25.09.2006 on the file of Principal District Court, Thanjavur reversing the decree and judgment of the District Munsif Court, Thanjavur in O.S.No.191 of 1999, dated 22.02.2005.)

1. The Second Appeal has been filed against the decree and judgment passed by the Principal District Judge, Thanjavur in A.S.No.65 of 2006, dated 25.09.2006, reversing the decree and judgment passed by the District Munsif, Thanjavur in O.S.No.191 of 1999, dated 22.02.2005.

2. The appellant herein is the plaintiff and he has filed the suit in O.S.No.191 of 1999 before the District Munsif Court, Thanjavur for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property.

3. The contention of the plaintiff before the trial Court is that the suit schedule property was allotted by virtue of the oral partition in the year 1974. Thereafter, the said oral partition was reduced into writing in the year 1976 and the same was marked as Ex.A4. Before the partition, a joint patta was issued for the pr

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