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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
M.S. Nandhu – Appellant
Versus
R.Rasu – Respondent
| Table of Content |
|---|
| 1. overview of the background and procedural history of the property encroachment dispute. (Para 1 , 2 , 4 , 5 , 6) |
| 2. failure to establish public pathway status bars mandatory injunction without easementary declaration. (Para 7 , 8 , 9 , 10) |
| 3. dismissal of appeal following confirmation of lower court factual findings. (Para 11) |
JUDGMENT
The unsuccessful plaintiff is the appellant herein.
2. The appellant/plaintiff filed a suit for mandatory injunction, directing the defendants 1 and 2 to remove the construction put up by them by encroaching the public pathway. He also sought for mandatory injunction directing the 7th defendant to disconnect the electricity service connection given to the building put up by the defendants 1 and 2. The suit was dismissed by the Trial Court. The findings of the trial court were affirmed by the first appellate court. Aggrieved by the concurrent findings of the courts below, the appellant has come before this court.
3. According to the appellant/plaintiff, he owns lands in S.No.73/2 and
73/3 and on the western side of the properties belonged to him, there is a public pathway in S.No.71. The defendants 1 and 2 encroached the said public pathw
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