ANSAR (DIED) Vs. SELVAM DHANABAL

JUDGEMENT

(1.) These appeals are arising out of a common judgment passed in O.S.No.971 of 1987 and O.S.No.1152 of 1987. O.S.No.971 of 1987 was originally filed before the Sub Court, Trichy, subsequently, transferred and re-numbered as O.S.No.3001 of 2004 on the file of the District Munsif Court, Trichy.

(2.) For the sake of convenience, the parties are referred to as per their rank in O.S.No.3001 of 2004.

(3.) The above suit was filed by the plaintiff for declaration and recovery of possession in respect of the suit property. O.S.No.1152 of 1987 was filed by the first defendant in O.S.3001 of 2004 as plaintiff for permanent injunction. The suit in O.S.No.3001 of 2004, filed for declaration and recovery of possession, was partly decreed and the plaintiff was declared as the owner of the property. Aggrieved over the dismissal of the suit, in respect of recovery of possession, an appeal in A.S.No.304 of 2005 was filed by the plaintiff. Similarly, the first defendant has also filed an appeal in A.S.No.320 of 2005, challenging the decree of declaration. As both the appeals were dismissed by the first appellate Court, the plaintiff has filed S.A.(MD)No.878 of 2009 and the first defendant has filed S.A. (MD)No.126 of 2009. Similarly, O.S.No.1152 of 1987, filed by the first defendant for permanent injunction, was decreed with the condition to pay the land value. As against which, the plaintiff has filed A.S.No.305 of 2005, which was dismissed and the first defendant has also filed A.S.No.321 of 2005, which was partly allowed. As against which, S.A.Nos.879 and 880 of 2009 have been filed.