V.K.RAMAMOORTHY Vs. M.K.CHANDRABAI
LAWS(MAD)-2013-4-88
HIGH COURT OF MADRAS
Decided on April 23,2013

V.K.Ramamoorthy Appellant
VERSUS
DHANDAPANI,JAYA EDUCATIONAL TRUST,M.K.CHANDRABAI,C.K.CHANDRABAI,Parvatham,C.J.Krishnamoorthy Respondents

JUDGEMENT

- (1.) This second appeal is focussed by D2, animadverting upon the judgment and decree dated 28.03.2012 passed by the learned District Judge, Tiruvallur in A.S.No.3 of 2011 in dismissing the appeal as barred by limitation and thereby confirming the common judgment and decree dated 22.01.2010 passed by the learned Subordinate Judge, Poonamallee in O.S.No.203 of 1996.
(2.) The parties are referred to here under according to their litigative status and ranking before the trial Court.
(3.) The germane facts, absolutely necessary for the disposal of this second appeal as well as the two miscellaneous petitions would run thus: (a) As many as eight plaintiffs, filed the suit seeking the following reliefs: - for a declaration that the plaintiffs 1 to 7 are the owners of the suit property situate at 82, Maduraivoil village, Chengai MGR District comprised in S.No.13/1A1 13/1A2, 13/1B, 13/2 and 13/3 measuring an extent of 26.50 acres or thereabout more fully described in the schedule here under and consequentially - for a permanent injunction restraining the defendants their men, agents servants or any person or persons from interfering with the plaintiffs peaceful possession and enjoyment of the suit property perpetually more fully described in the plaint schedule here under: - grant such further or other reliefs. - cost of the suit. (b) D1 filed the written statement, which was adopted by D2, who is the sole appellant in this second appeal. (c) The trial court framed the issues. (d) Up went the trial, during which, on the plaintiff's side P.Ws.1 and 2 were examined; and Exs.A1 to A12 were marked; on the defendants' side, D.W.1 was examined and Exs.B1 to B49 were marked.;


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