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G.RAJASURIA
Lakshmanan – Appellant
Versus
G. Ayyasamy – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:V. Bhiman, Advocate.
For the Respondent:N. Ishtiaq Ahmed, Advocate.

JUDGMENT

G. Rajasuria, J.—These Second Appeals are filed by the Defendants, inveighing the judgment and decree dated 30.10.2006 passed by the Second Additional Subordinate Judge, Coimbatore, in A.S. No.106 of 2006 and in the Cross Appeal, reversing the judgment and decree dated 3.1.2006 passed by the III Additional District Munsif, Coimbatore, in O.S. No. 611 of 2002, which was filed seeking permanent and mandatory injunction.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the Trial Court.

3. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of these Second Appeals would run thus:

(a) The Respondent herein, as Plaintiff, has filed the suit seeking the following reliefs:

“to pass a judgment and decree against the Defendant—

(a) Restraining the Defendants, their men, agents, servants in anyway disturbing the peaceful possession and enjoyment of the suit property by the Plaintiff encroaching or any manner by means of permanent injunction;

(b) directing the Defendants to remove the three windows and the eaves of the tiled roof projection towards the suit pro





































































































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