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2022 Supreme(Online)(MAD) 5531

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.VIJAYAKUMAR
MUTHULALITHA – Appellant
Versus
SUNDARAVADIVU – Respondent


JUDGMENT

The plaintiff is the appellant.

2.The plaintiff filed O.S.No.52 of 2010 before the Subordinate Court, Srivilliputhur for declaration that she is the absolute owner of the plaint second schedule property which is a wall and sought for consequential permanent injunction from in any way encroaching or doing any other construction in the plaint second schedule property. The plaintiff further prayed for a mandatory injunction to remove the encroachment over the second schedule wall as shown in the plaint fourth schedule property.

3.The trial Court partly allowed the suit granting declaration of title over the first and second schedule properties and consequential injunction for the said properties. The trial Court also granted permanent injunction in favour of the plaintiff that the defendant should not put up any construction or encroach over the second schedule property. However, the prayer with regard to mandatory injunction was rejected. As against the same, the plaintiff filed A.S.No.29 of 2018 before the Additional District and Sessions Court, Srivilliputhur. The learned Appellate Judge concurred with the findings of the trial Court and dismissed the appeal filed by the pla

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