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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice Sathi Kumar Sukumara Kurup, J
Thangarasu – Appellant
Versus
Kalamani – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute (Para 1 , 2 , 3 , 4) |
| 2. defendant's assertions and claims of ouster (Para 5 , 10 , 14 , 15) |
| 3. court analysis on possession and title (Para 9 , 12 , 28 , 33) |
| 4. legal standards for claim of injunction (Para 16 , 18 , 35) |
| 5. conclusion of appeal dismissal (Para 27 , 36) |
JUDGMENT
This Appeal is filed against the judgment and decree dated 28.02.2013 made in A.S. No. 42 of 2012 passed by the learned First Additional Sub- Ordinate Judge, Erode, confirming the judgment and decree dated 29.03.2012 made in O.S. No. 49 of 2006 on the file of the learned Principal District Munsif, Erode.
2. The Appellant in this appeal is the sole Defendant in O.S. No. 49 of 2006 on the file of the learned Principal District Munsif, Erode. The suit in O.S. No. 49 of 2006 was filed by the Plaintiffs, who are the cousins of the sole Defendant in the suit. The suit was filed for the relief of bare injunction.
3. As per the plaint averments, the paternal grandmother of the Plaintiffs and the Defendant Palaniammal had two sons – Ramasamy Gounder and Thammana Gounder. On 14.05.1980 there was partition in the family of Palaniammal whereby 'A' schedule property was a
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