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2024 Supreme(Online)(MAD) 43416

HIGH COURT OF MADRAS
Hon`ble Mr.Justice S.SOUNTHAR
K. PERIYAVAN NADAR – Appellant
Versus
PONNUMONY (DIED) – Respondent


JUDGMENT

*************

This Second Appeal is directed against the judgment and decree made in A.S.No.35 of 2004, dated 17.01.2006, on the file of First Additional Subordinate Court, Padmanabhapuram reversing the judgment and decree made in O.S.No.99 of 2001, dated 27.12.2003, on the file of Principal District Munsif-cum-Judicial Magistrate, Eraniel.

2.The unsuccessful plaintiff in the suit is the appellant. The suit is for demarcation of the north-western and south-western boundaries of the plaint schedule property and for fixation of boundary stones. The plaintiff has also sought for a decree of injunction restraining the defendants and their men from putting up any fence within the plaint schedule property by encroaching a portion of the same. The suit was decreed by the trial Court. Aggrieved by the same, the first respondent/first defendant filed an appeal and the same was allowed by setting aside the findings of the trial Court. Aggrieved by the same, the plaintiff has come by way of this Second Appeal.

3.According to the appellant/plaintiff, the suit property with an extent of 6.250 cents in R.S.No.111/2B in Kurunthencode village, Kalkulam Taluk belong to the plaintiff absolutel

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