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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA, J
S.K.Sellappa Gounder – Appellant
Versus
Gobichettipalayam Municipal Council – Respondent
| Table of Content |
|---|
| 1. background and facts establishing mistake in town survey including private land as street (Para 1 , 3 , 4) |
| 2. parties' arguments on limitation and entitlement to relief based on discovery knowledge and survey irregularities (Para 2 , 5 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court observations on continuing cause of action and encroachment established by advocate commissioner's report (Para 16 , 18) |
| 4. ratio decidendi including appointment and findings of advocate commissioner supporting plaintiffs' claim (Para 17 , 19) |
| 5. final decision allowing appeal and ordering removal of encroachment (Para 20) |
JUDGMENT
This Second Appeal has been filed the judgment and decree of the learned Subordinate Judge, Gobichettipalayam in A.S.No.58 of 2010 dated 12.04.2011 confirming the judgment and decree of the learned District Munsif, Gobichettipalayam in O.S.No.153 of 2008 dated 06.07.2010.
2. Heard Mr.A.K.Kumarasamy, learned senior counsel for the appellants and Mr.B.Anand, learned counsel for the first respondent and Mr.M.Murali, learned Government Advocate for the second respondent.
3. The appellants are the plaintiffs. The plaintiffs who have filed a suit against the defendan
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