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MADRAS HIGH COURT
Honourable Mr Justice G.R.SWAMINATHAN
THE TAHSILDAR – Appellant
Versus
RAJAKILI AMMAL – Respondent


JUDGMENT

Heard the learned Additional Advocate General appearing for the appellants and the learned counsel appearing for the respondents.

2.The respondents herein filed O.S.No.13 of 2002 on the file of the District Munsif Court, Sathankulam, seeking the relief of permanent injunction, restraining the defendants from interfering with their possession and enjoyment of the suit property. As regards the suit property, the petitioners had traced their title and possessory rights in a certain manner. The appellants who were shown as defendants in the suit filed written statement stating that the suit property had been declared as a Reserve Forest and notification was also published in the Government Gazette dated 30.06.1984. Therefore, the stand of the defendants was that the civil Court cannot have any jurisdiction to maintain the suit. The learned Trial Munsif by Judgement and Decree dated 31.03.2003 dismissed the suit. However, the respondents herein filed A.S.No.143 of 2004 before the Sub Court, Thoothukudi. The First Appellate Court by Judgment and Decree dated 16.02.2006 reversed the decision of the Trial Court and decreed the suit as prayed for. Questioning the same, this Second A

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