JUDGEMENT
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(1.)THIS Second Appeal is focussed as against the judgment and decree dated 22.12.2006 passed in A.S.No.236 of 2005 by the learned Principal Subordinate Judge, Madurai, in confirming the judgment and decree dated 09.12.2004 passed in
O.S.No.113 of 2001 by the learned District Munsif, Thirumangalam.
(2.)THE parties are referred to hereunder according to their litigative status before the trial Court.
A re'sume' of facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:
(i) The first respondent herein - David Pratab Singh, filed the suit seeking the following reliefs: "(a) declaring that the exparte decree obtained by the defendants 1 to 11 in O.S.No.502 of 1991 dated 23-12-93 on the file of the District Munsif Court of Thirumangalam against the defendant No.12 is a nullity and not binding on the rights of the plaintiff as the absolute owner of the suit property and consequently; (b) granting permanent injunction restraining the defendants 1 to 11, their men, agents etc. from in any way interfering with the plaintiff's peaceful possession and enjoyment of the suit property;" (extracted as such) Whereupon the 9th defendant - Pooranan filed the written statement which was adopted by the other defendants except the 12th defendant. The issues were framed. (ii) Up went the trial, during which, on the side of the plaintiff, P.W.1 was examined and Exs.A.1 to A.12 were marked and on the side of the defendants, D.W.1 was examined and Exs.B.1 to B.7 were marked. Ultimately, the trial Court decreed the suit, as against which the contesting defendants preferred the appeal for nothing but to be dismissed, confirming the judgment and decree passed by the trial Court.
(3.)BEING aggrieved by and dissatisfied with the judgments and decrees of both the Courts below, this Second Appeal has been focussed on various grounds.
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