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2024 Supreme(Mad) 2517

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SRIMATHY
Jeeva Arulraj – Appellant
Versus
Sornam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Gnangurunathan
For the Respondent: Mr.D.Saravanan Mr.A.Baskaran Additional Government Pleader

JUDGMENT :

S. SRIMATHY, J.

1. The Second Appeal in S.A.(MD)No.16 of 2024 is filed against the Judgment and Decree, dated 18.03.2017 in A.S.No.18 of 2016 on the file of the 1st Additional Sub Court, Nagercoil, reversing the Judgment and Decree, dated 30.03.2016 passed in O.S.No.319 of 2012 on the file of the District Munsif-cum-Judicial Magistrate Court, Boothapandy.

2. The plaintiff in the suit is the appellant herein, the 1st defendant in the suit is the 1st respondent herein and the defendants 2 to 4 in the suit is the respondents 2 to 4 herein. For the sake of convenience, the rank of the parties shall be referred as plaintiff and defendants as stated in suit.

3. The suit in O.S.No.319 of 2012 was filed for injunction against the 1st defendant not to disturb the peaceful possession of the plaintiff and for mandatory injunction to defendants 2 to 4 to reissue patta which was cancelled by them. The brief facts are that the 1st defendant is the mother of the plaintiff and the 1st defendant have six daughters and one son being the plaintiff. The father of plaintiff died 10 years back. The plaintiff had married a lady belongs to another community, hence the 1st defendant refused to take

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