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Muthayya Reddi and ors. Vs. Sudalaimuthu Nadar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.902; (1910)20MLJ119
AppellantMuthayya Reddi and ors.
RespondentSudalaimuthu Nadar
Cases ReferredKundasami Moodali v. Subbaraya Moodali
Excerpt:
public highway - procession, right to go in--cause of action--magistrates' prohibitory order--special damage not necessary--tort. - 1. there is a finding by the district judge that the streets are public streets and ample evidence to support it.2. as to the cause of action we think the order of the magistrates--which they intended to renew from time to time until made permanent--furnished a cause of action just as much as the government order which was held in kundasami moodali v. subbaraya moodali 19 m.l.j. 617 : 1 ind. cas. 716. to have this effect.3. the appeal is dismissed with costs.4. the memorandum of objection is dismissed with costs.
Judgment:

1. There is a finding by the District Judge that the streets are public streets and ample evidence to support it.

2. As to the cause of action we think the order of the Magistrates--which they intended to renew from time to time until made permanent--furnished a cause of action just as much as the Government Order which was held in Kundasami Moodali v. Subbaraya Moodali 19 M.L.J. 617 : 1 Ind. Cas. 716. to have this effect.

3. The appeal is dismissed with costs.

4. The memorandum of objection is dismissed with costs.


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