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2023 Supreme(Mad) 1806

P. VELMURUGAN
A. Ramasesh Ammal (died) – Appellant
Versus
R. Shantha – Respondent


Advocates appeared:
For the Appellants:K.P. Narayana Kumar, Advocate. For the Respondent: R1, S. Meenakshi Sundaram, Senior Counsel. R2, R4, R5, R6 to R8, No appearance. R3, Died.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 25.03.1999 made in A.S.No.73 of 1996 on the file of the learned Additional Sub Judge, Tirunelveli, reversing the Judgment and Decree dated 26.06.1996 made in O.S.No.261 of 1992 on the file of the District Munsif Court, Tirunelveli.)

1. The first appellant herein, A.Ramaseshammal, as the plaintiff, filed a suit in O.S.No.261 of 1992 on the file of the learned Principal District Munsif, Tirunelveli, seeking the relief of permanent injunction as against the defendants/respondents 1 and 2, restraining them from interfering with her peaceful enjoyment of the third item of the suit schedule property. After the trial, the learned Principal District Munsif, Tirunelveli, by Judgment and Decree dated 26.06.1996, decreed the suit as prayed for. For the sake of convenience, the parties are referred to as per their rank before the trial court.

2. Challenging the same, the first defendant/first respondent herein filed an appeal suit in A.S.No.73 of 1996 before the learned Additional Subordinate Judge, Tirunelveli. The learned Additional Subordinate Judge, by Judgment and Decree dated 25.03.1999, all

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