AMSAVENI Vs. M.RAJALAKSHMI

JUDGEMENT

(1.) One Ramasamy and Ranganayaki had three daughters and one son, namely Balamani, Amsaveni, Rajalakshmi and Velusamy. Ramasamy passed away 35 years ago from the date of plaint which is August 1, 2012. Ranganayaki passed away on March 17, 2006.

(2.) Amsaveni filed the Suit for declaration and permanent injunction in O.S. No.289 of 2012 on the file of the District Munsif Court, Udumalaipet, against her three siblings. Then, Rajalakshmi filed the Suit for partition and injunction in O.S. No.55 of 2012 on the file of the 'I Additional District and Sessions Court, Tiruppur' ['Trial Court' for brevity] against her siblings and two government officials. Then O.S. No.289 of 2012 was transferred to the Trial Court and renumbered as O.S. No.144 of 2012. Since the parties and the suit property in both the Suits are substantially one and the same, joint trial was ordered and evidence was recorded in O.S. No.55 of 2012. After trial, the Trial Court decreed the Partition Suit filed by Rajalakshmi and dismissed the Declaration Suit filed by Amsaveni vide its Common Judgment and pursuant Decrees dated August 4, 2015, that is to say, the Trial Court decided both the Suit against Amsaveni.

(3.) Feeling aggrieved, Amsaveni has preferred the instant Appeal Suits. The Appeal Suit in A.S. No.379 of 2016 is filed under Sec. 96 read with Order XLI Rule 1 of the 'Code of Civil Procedure, 1908' ['CPC' for short] over and above the Common Judgment and Decree in O.S. No.55 of 2012 and similarly, the one in A.S. No.605 of 2019 is filed over and above the Common Judgment and Decree in O.S. No.144 of 2012.