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2024 Supreme(Mad) 613

G. ARUL MURUGAN
Mohammed Munvar – Appellant
Versus
N. C. Nesan – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Hema Sampath, Senior Counsel, S. Jaganathan, Advocate.
For the Respondents:M. Muthusamy, Chitra Sampath, Senior Counsel, J. Saravanavel, Advocate.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 31.01.2012 in A.S.No.7 of 2011 passed by the learned Subordinate Judge, Poonamallee, confirming the judgment and decree dated 29.09.2010 in O.S.No.616 of 2004 passed by the learned Additional District Munsif, Poonamallee.)

1. The first defendant in the suit is before this Court in this Second Appeal. The plaintiff is the first respondent herein and the second defendant is the second respondent herein.

2. This Second Appeal has been filed challenging the judgment and decree dated 31.01.2012 in A.S.No.7 of 2011 on the file of the Subordinate Court, Poonamallee, confirming the judgment and decree dated 29.09.2010 in O.S.No.616 of 2004 on the file of the Additional District Munsif Court, Poonamallee.

3. For the sake of convenience, the parties will be referred to as per their ranking before the Trial Court.

The brief facts, which gave rise to this Second Appeal, are as follows:

4. According to the plaintiff, he is the owner of the property measuring an extent of 7,200 sq.ft in the Survey Nos.370/7A, 370/7B & 370/5 in Nerkundram Village covered under patta no.111. The pl

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