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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Murali Shankar, J
Stephen – Appellant
Versus
Raja Rajeswari Esakky Amman Temple – Respondent
| Table of Content |
|---|
| 1. parties' conflicting claims regarding title, possession, and alleged trespass. (Para 4 , 5 , 7 , 8 , 12) |
| 2. evidence of possession and analysis of documents like settlement registers and title deeds. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 3. lawful possession as evidence of ownership against those without superior title. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 4. bar on cumulative recovery: mandatory injunction and damages for same injury. (Para 29 , 30 , 31) |
| 5. final outcome: title confirmed, mandatory injunction upheld, damages set aside. (Para 33) |
COMMON JUDGMENT
1.These Second Appeals are directed against the common judgment and decrees made in A.S.Nos.57 and 58 of 2016, dated 08.02.2019, on the file of the Subordinate Court, Kuzhithurai, confirming the judgment and decrees passed in O.S.NO.145 of 2004, dated 29.10.2015 and modifying the judgment and decree passed in O.S.No.141 of 2004, dated 29.10.2015, on the file of II Additional District Munsif Court, Kuzhithurai.
2. In S.A.(MD)No.382 of 2021, the appellants are the defendants 1, 10 to 15, 8 to 31. The respondents 1 to 6 / plaintiffs originally filed the suit for permanent injunction restraining the d
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