ANNATHAI AMMAL Vs. JOTHI MARIYAMMAL

JUDGEMENT

(1.) S.A.No.166 of 1997 arises out of a suit in O.S.No.333 of 1991 on the file of Sub-Court, Tuticorin. The said suit was filed for the relief of declaration of title and permanent injunction over first schedule property and for recovery of possession of second schedule property. The suit was decreed by the trial Court. The defendants preferred A.S.No.397 of 1994 before Principal District Court, Tuticorin. The learned appellate Judge was pleased to allow the appeal. As against the same, S.A.No.166 of 1997 has been filed by the plaintiff.

(2.) S.A.No.666 of 2003 arises out of O.S.No.269 of 1998 on the file of Principal District Munsif Court, Tuticorin. The said suit was filed for the relief of permanent injunction. The suit was dismissed by the trial Court. The plaintiff has filed A.S.No.52 of 2002 before Additional District Court cum Chief Judicial Magistrate, Tuticorin. The learned first appellate Judge concurred with the findings of the trial Court and dismissed the appeal. As against the concurrent findings, the plaintiff has filed the above second appeal.

(3.) S.A(MD)No.2 of 2004 arises out of O.S.No.506 of 1991 on the file of Additional District Munsif Court, Tuticorin. The suit was filed for the relief of declaration of title and permanent injunction over the first schedule property, recovery of possession of the second schedule property and for mandatory injunction to remove the encroachment in the second schedule property. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.200 of 1993 on the file of Sub-Court, Tuticorin. The learned first appellate Judge was pleased to partly decree the suit, granting the prayer for declaration of title and permanent injunction over first schedule property and for recovery of possession of the second schedule property. The prayer for mandatory injunction was rejected by the first appellate Court. Challenging the said decree, the defendants have filed the above second appeal.