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2025 Supreme(Online)(Mad) 49085

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.Justice K.GOVINDARAJAN THILAKAVADI, J
Gajji Gowdu (Died) – Appellant
Versus
Shanmugam – Respondent


Advocates:
For the Appellants/Petitioners: Mr.N.Manokaran
For the Respondents: Mr.R.Subramanian, Mr.B.Ravi

Table of Content
1. ownership and access to property. (Para 4 , 5 , 6 , 7)
2. trial court's findings on evidence. (Para 10 , 11 , 12)
3. arguments on easement rights. (Para 16 , 17 , 18)
4. dismissal of the second appeal. (Para 27)

JUDGMENT

This Second Appeal arises out of the judgment and decree, dated 11.04.2019 passed by the learned Sub Judge, Vaniyambadi, Vellore District in A.S.No.19 of 2017 reversing the judgment and decree dated 16.03.2017 passed by the learned Principal District Munsif, Ambur. 2. The plaintiffs, who are unsuccessful before the lower appellate Court, are the appellants herein and the respondents herein are the defendants.

3. For the sake of convenience, the parties herein after referred to their nomenclature before the trial Court.

4. The case of the plaintiffs is that by virtue of a registered partition deed dated 13.10.1964, the 1st plaintiff got 2 cents out of 12 cents in S.No.188/2 towards his 1/6th share and one of the co-sharers, namely, Chengkannan sold away 2 cents of his share by way of a registered sale deed dated 05.06.1981 in S.No.188/2A in favour of the 2nd plaintiff, who is the wife of the 1st plaintiff and thereby, the plaintiffs have become the

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