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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE, J
R.Vijayakumar Alias Murali S/o Late Munusami – Appellant
Versus
Tmt.Ruckmani W/o K.Lakshmi Narayanan – Respondent
| Table of Content |
|---|
| 1. title and rights regarding common passage (Para 4 , 5 , 6) |
| 2. contention of the defendant regarding encroachment (Para 7 , 8 , 9) |
| 3. trial court’s findings on encroachment and injunction (Para 10 , 11) |
| 4. appellate court’s reasoning in upholding injunction (Para 12 , 13) |
| 5. application of limitation act in appeal context (Para 14 , 15 , 16) |
| 6. final dismissal of the second appeal (Para 17) |
JUDGMENT
Heard.
2. This second appeal is filed by the defendant in A.S. No.503 of 2009. It challenging the concurrent judgments by which the first appellate court (II Additional Judge, City Civil Court, Chennai) dismissed the appeal on 22.04.2013 in A.S.No.503 of 2009 and thereby affirmed the judgment and decree of the trial court (V Assistant Judge, City Civil Court, Chennai) in O.S.
No.3579 of 2006 dated 03.12.2008
3. For convenience, the parties are referred to as they were arrayed before the trial court.
4. The plaintiff instituted the suit seeking a mandatory injunction and a permanent injunction in respect of a common passage. She stated that she resides at Door No.4/2, Appu Street, Nungambakkam, Chennai–600034, and that the defendant resides at Door No.4/1 on the same street. She
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