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2022 Supreme(Online)(MAD) 36039

HIGH COURT OF MADRAS
Hon`ble Ms. Justice P.T. ASHA
KALYAN SPINNING MILLS – Appellant
Versus
M.CHELLAPPAN – Respondent


JUDGEMENT

The plaintiffs in the suit O.S.No.382 of 2010 on the file of the Principal Subordinate Court, Coimbatore are the appellants before this Court.

2. The facts in brief for disposing of the above second appeal are as follows and the parties are referred to in the same litigative status as before the trial Court, namely, Subordinate Court, Coimbatore.

Plaintiff's case:

3. (i) The suit was originally instituted by the first plaintiff to declare their right to access the “A” schedule property through the passage described as the plaint “B” schedule property and for an injunction restraining the defendants from interfering with this access of the plaintiff. Thereafter, it appears that the properties had been sold to the second plaintiff who had been impleaded so in the suit vide orders dated 26.08.2016 in I.A.No.672 of 2016. After the amendment, the prayer was amended to the limited extent that the declaration and injunction was in respect of the second plaintiff. It is the case of the plaintiff that on 22.11.1979, the “A” schedule property was purchased by the first plaintiff. At the time of purchase, the property, which has been described as “A” schedule property did not have any a

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