PERAVUR AIDED PRIMARY SCHOOL Vs. GANESAN AND OTHERS

JUDGEMENT

(1.) The plaintiff in O.S.No.286 of 2006 and O.S.No.88 of 2008 on the file of the learned Additional District Munsif, Mayiladuthurai is the appellant in these appeals. The respondents are the defendants in the suit. Both the suits relate to one and the same property. The suit in O.S.No.286 of 2006 was filed for declaration of title for the suit property and for permanent injunction restraining the defendants 3 and 4 from in any manner interfering with the peaceful possession and enjoyment of the plaintiff. The suit in O.S.No.88 of 2008 was filed for declaration that the plaintiff school is in legal possession and enjoyment of the suit property and for cancelling the decree passed by the District Munsif, Mayiladuthurai in O.S.No.407 of 2005 dated 27.06.2006 and for permanent injunction to restrain the defendants from in any manner interfering with the peaceful possession and enjoyment of the plaintiff over the suit property.

(2.) Both the suits were tried jointly. By a common judgment dated 28.09.2011, the learned Additional District Munsif dismissed the suit in O.S.No.286 of 2006 in part thereby declining to declare the title of the plaintiff, however, granted decree in favour of the plaintiff for permanent injunction only to a lesser extent, though the suit was filed for 12 cents of land. So far as O.S.No.88 of 2008 is concerned, the trial court declined to cancel the decree in O.S.No.407 of 2005, however, granted permanent injunction to a lesser extent as the same has been granted in O.S.No.286 of 2006.

(3.) Challenging the denial of the decree for declaration of title in O.S.No.286 of 2006, the plaintiff filed an appeal in A.S.No.58 of 2012. Challenging the grant of injunction, the defendants in O.S.No.286 of 2006 filed an appeal in A.S.No.64 of 2012. Similarly, challenging the grant of injunction in O.S.No.88 of 2008, the defendants 4 and 5 filed an appeal in A.S.No.46 of 2012 and challenging the denial of the relief of cancellation of the decree in O.S.No.407 of 2005, the plaintiff filed an appeal in A.S.No.98 of 2012. Thus, there were 4 appeals before the learned Principal Subordinate Judge, Mayiladuthurai.