DURAI Vs. KAMALA

JUDGEMENT

(1.) The Second Appeals in S.A. No. 281 of 2006 and S.A. No. 282 of 2006 have been preferred against the common judgment, dated 30.8.2005 made in A.S. No. 42 of 2004 and AS. No. 65 of 2004 respectively on the file of the Additional Sub-Court, Mayiladuthurai, confirming the judgment and Decree, dated 28.1.2004 made in O.S. No. 455 of 1998 and O.S. No. 848 of 1998 respectively on the file of the Additional District Munsif, Mayiladuthurai.

(2.) The appellant herein was the first defendant in the suit in O.S, No. 455 of 1998 and the plaintiff in O.S. No. 848 of 1998. The suit in O.S. No. 455 of 1998 filed by the first respondent herein was decreed and the suit in O.S. No. 848 of 1998 filed by the appellant was dismissed by the trial Court. Hence, the appellant herein preferred the first appeals against the common judgment of the trial Court. The appellate Court confirmed the judgment and Decree passed by the trial Court and dismissed both the appeals in A.S. No. 42 of 2004 and A.S. No. 65 of 2004. Aggrieved by which, the second appeals have been preferred.

(3.) For the sake of convenience, in both the second appeals and the connected suits, the term referred to as appellant, respondents, plaintiff or defendant, in general with out referring specifically the appeal or the suit number, will denote only the second appeal in S.A. No. 281 of 2006 and the connected suit in O.S. No. 455 of 1998 and the parties and documents therein.