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2023 Supreme(Mad) 1905

R. HEMALATHA
Perumal (died) – Appellant
Versus
K. Chinnaraj – Respondent


Advocates appeared:
For the Appellants:T. Deeraj, Advocate. For the Respondent:R1, M/s. Sreedevi for R. Selvakumar, Advocates. R2 to R7, Not ready in notice.

JUDGMENT

(Prayer:Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 22.03.2010 passed in A.S. No.3 of 2007, on the file of the Subordinate Judge, Dharmapuri, upholding the decree and judgment dated 27.10.2006 passed in O.S. No.260 of 2000, on the file of the District Munsif cum Judicial Magistrate, Palacode.)

1. The defendants who failed before both the courts below had filed this present Second Appeal.

2. The respondent/plaintiff K. Chinnaraj filed the suit in O.S.No.260/2000 before the District Munsif cum Judicial Magistrate, Palacode, seeking for a relief of declaration of his title to the suit property and for a consequential relief of Permanent Injunction restraining the defendants/appellants from interfering with his peaceful possession and enjoyment of the suit property. The suit property as described in the plaint is a punja land in Survey No.656/3B of Erranahalli Reddiyur Vilage, Palacode Taluk, Dharmapuri District, admeasuring 1.25.5 hectare within the boundaries stated therein.

3. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would

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