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2023 Supreme(Online)(Mad) 74959

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr.Justice P.VELMURUGAN
S.R.KALAISELVI – Appellant
Versus
PACKIASELVAM – Respondent


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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A(MD)No.113 of 2015 and M.P(MD)Nos.1 & 2 of 2015 S.R.Kalaiselvi ... Appellant Vs.

1.Packiaselvam

2.Rajeswari ... Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 08.07.200826.02.2001 made in A.S.No.60 of 2006, on the file of the I Additional Sub-Court, Nagercoil reversing the judgment and decree, dated 27.02.2006 made in O.S.No.431 of 2002, on the file of the II Additional District Munsif, Nagercoil.

For Appellant : Mr.S.Ramesh For Respondents : Mr.S.Rajasekar

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J U D G M E N T

The appellant, who is the plaintiff, filed a suit in O.S.No.431 of

2002, on the file of the II Additional District Munsif, Nagercoil for declaration and injunction.

2. After completing the pleadings and framing of issues, on the side of the appellant/plaintiff, the appellant/plaintiff was examined as P.W.1 and 13 documents were marked as Exs.A1 to A13. On the side of the respondents/defendants, four witnesses were examined as D.W.1 to D.W.4 and 10 documents were marked as Ex B1 to Ex.B10.

3. After trial, the trial Court partly dec

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