Mandatory injunction - Illegal structure, removing of - Limitation of 3 years - Suit whether barred, Defendant encroached and constructed a temporary structure in suit property in 2004 - Appellant has not proved his case that suit filed by him for relief of mandatory injunction is within a period of three years.

Citation

2018-1-L.W.749

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date of Reserving Order 08.08.2017

Date of Pronouncing Order 25.10.2017 S.A.No.674 of 2015 D.Krishnakumar, J.

R.Kumar.               ...Appellant/Plaintiff

Vs.

G.Jaganmoorthy.              ...Respondent

Second appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree of the XV Addtional Judge, City Civil Court, Chennai, dated 07.01.2015 made in A.S.No.215 of 2012 reversing the Judgment and Decree of the VI Assistant Judge, City Civil Court, Chennai, dated 02.12.2011 made in O.S.No.3736 of 2010.

Limitation act (1963), Article 113

Mandatory injunction -   Illegal  structure, removing of -  Limitation of 3 years - Suit whether barred, Defendant encroached and constructed a temporary structure in suit property in 2004 – There is no continuous breach or threat to the plaintiff - Appellant has not proved his case that suit filed by him for relief of mandatory injunction is within a period of three years

Para 12