BALAJI ALIAS SURESH Vs. KRISHNAMOORTHI

JUDGEMENT

(1.) These second appeals have been preferred as against the common judgments and decrees dtd. 3/10/2016 passed by the Sub Court, Namakkal in A.S.Nos.59 & 60/2013. The appeal in A.S.No.59/2013 has been preferred by the unsuccessful plaintiff as against the decree and judgment passed in O.S.No.505/2010 on the file of the Principal District Munsif Court, Namakkal, dtd. 17/4/2013.

(2.) The appeal in A.S.No.60/2013 has been preferred by the defendants as against the decree and judgment passed in O.S.No.155/2008 on the file of the Principal District Munsif Court, Namakkal, dtd. 17/4/2013. Before the Trial Court the plaintiff in O.S.No.505/2010 has filed the suit for the relief of declaration of title of the property and for permanent injunction. The plaintiffs in O.S.No.155/2008 have filed the suit for the relief of permanent injunction in respect of the suit property therein. Both the suits were tried together and common judgment was passed and the suit in O.S.No.155/2008 was decreed by granting permanent injunction and the suit in O.S.No.505/2010 was dismissed.

(3.) For the sake of convenience, the parties are referred to as per their rank in the trial court and at appropriate places, their rank in the present second appeals would also be indicated.