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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR, J
V.Niraikulathan – Appellant
Versus
P.Rakkammal(deceased) – Respondent
| Table of Content |
|---|
| 1. nature of suit for permanent injunction. (Para 1 , 2 , 3) |
| 2. introduction of plaintiffs' claims and defense. (Para 5 , 6) |
| 3. overview of trial judge's findings. (Para 8 , 9 , 10 , 11) |
| 4. assessment of appellate court's reasoning. (Para 21 , 22 , 23) |
| 5. final judgment and reasoning. (Para 24 , 25 , 26 , 27) |
JUDGMENT
The Second Appeal is directed against the judgment and decree made in A.S.No.167 of 2019, dated 31.10.2019, on the file of the Subordinate Court, Melur, reversing the judgment and decree passed in O.S.No.300 of 2007, dated 04.08.2011, on the file of the District Munsif Court, Melur.
2. The appellants are the defendants 2 and 3. The respondents 1 to 3 along with their mother Tmt.Rakkammal, as plaintiffs filed a suit claiming permanent injunction restraining the defendants and their men from in any manner tresspassing upon or interfering with the plaintiffs' peaceful possession and enjoyment of the suit property.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original suit.
4. Admittedly, the plaintiffs 2 to 4 are the son and daughters of the first plaintiff and her deceased husband C.Pand
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