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2025 Supreme(Online)(Mad) 29280

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA, J
S.K.Sellappa Gounder – Appellant
Versus
Gobichettipalayam Municipal Council – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A.K.Kumarasamy
For the Respondents: Mr.B.Anand, Mr.M.Murali, Ms.D.Sophia Selvi

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 defendants for the relief of mandatory injunction, have lost the suit in the Trial Court. The First Appeal preferred by the plaintiffs was also dismissed by confirming the judgment of the Trial Court. Aggrieved over that, the plaintiffs have preferred this Second Appeal.

4. The short facts as pleaded in the plaint are as follows The second plaintiff is the son of the first plaintiff. The Plots in T.S.Nos.8,9,10 and 11 in Ward No.C Block No.6 as well as T.S.No.25 in Ward No.C Block No.3, Gobichettipalayam Town belongs to the plaintiffs and they have built buildings over the same. The said property in the above Survey Numbers is l

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