IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
M.Rani – Appellant
Versus
Sundaresan – Respondent
| Table of Content |
|---|
| 1. overview of the property dispute and claims of all parties. (Para 2 , 4 , 10 , 18 , 19 , 29) |
| 2. discussion on res judicata and its applicability to the current dispute. (Para 11 , 12 , 21 , 24) |
| 3. the court's reasoning on the sustainability of a mandatory injunction claim. (Para 30 , 32) |
| 4. final determinations on property entitlements and overall judgment. (Para 33 , 34) |
JUDGMENT :
K. Murali Shankar, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.55 of 2013 dated 04.03.2015 on the file of the Subordinate Court, Sivagangai, reversing the judgment and decree passed in O.S.No.46 of 2009 dated 13.02.2013 on the file of the District Munsif Court, Sivagangai.
2. The appellants are the defendants 2 to 4. The first respondent / plaintiff filed a suit to declare that the suit property is belonging to the first respondent / plaintiff and for consequential permanent injunction restraining the appellants and the respondents 2 and 3 / defendants 5 and 6 and their men from in any manner interfering with the first respondent / plaintiff's peaceful possession and enjoyment of the suit property and for mandatory injunction for removal of fencing structu
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