AMSA Vs. SUBRAMANIAN

JUDGEMENT

(1.) S.A. No.798 of 2006 has been preferred against the decree of the lower appellate Court made in A.S. No.54 of 2005. S.A. No.799 of 2006 has been preferred against the decree of the lower appellate Court made in A.S. No.46 of 2005.

(2.) Subramanian, the respondent in both the second appeals filed O.S. No.95 of 1997 on the file of the District Munsif Court, Vanur against Amsa, the appellant in both the appeals, claiming a damages of Rs. 15,000/- and costs. The appellant in both the second appeals filed O.S. No.58 of 1997 against the respondent herein for declaration and permanent injunction in respect of the suit property. Both the suits were tried together along with yet another suit O.S. No.50 of 1998 filed by the appellant herein against the respondent herein claiming a sum of Rs. 2000/- as damages.

(3.) The learned trial Judge, namely the District Munsif-cum-Judicial Magistrate, Vanur decreed the suit O.S. No.58 of 1997 and dismissed the suits O.S. No.95 of 1997 and O.S. No.50 of 1998 without costs. As against the dismissal of O.S. No.50 of 1998 filed by the appellant herein, no appeal was filed by the appellant herein. As against the decree passed in O.S. No. 58 of 1997, the respondent herein preferred an appeal in A.S. No. 46 of 2005 and as against the decree dismissing O.S. No.95 of 1997, the respondent herein preferred an appeal in A.S. No.54 of 2005, both on the file of the Court of Principal Subordinate Judge, Tindivanam.