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2025 Supreme(Mad) 4367

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
Bala – Appellant
Versus
V.Marimuthu (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Rajasekar
For the Respondent: Mr.S.Gunaseelan

JUDGMENT :

The appellant has filed this appeal against the portion of the judgment and decree dated 08.04.2021 passed in O.S. No. 9123 of 2019 by the learned XVI Additional City Civil Judge, Chennai.

2. For the sake of convenience, the parties herein are referred to as they were ranked in the original suit.

3. The appellant herein is the plaintiff in Suit O.S. No. 9123 of 2019 (C.S. No. 1168 of 2009) on the file of the XVI Additional City Civil Court, Chennai. The plaintiff/appellant filed the said suit before the trial court seeking a declaration, permanent injunction, mandatory injunction, compensation, and other consequential reliefs against 11 defendants. The suit was contested by defendants 1, 2, and 4 to 11. After hearing both sides and considering the evidence on record, the learned trial judge partly allowed the suit. The court declared the plaintiff as the absolute owner of a vacant land measuring 2,119 sq. ft., excluding a portion in the B-schedule property, namely 280 sq. ft., described as running 70 feet East to West, 3.7 feet North to South on the eastern side, and 4.4 feet North to South on the western side, situated on the northern corner of the A-schedule property. The

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