K MURUGAN Vs. K MARIAPPAN AND ORS

JUDGEMENT

(1.) Both the second appeals arising out of Common Judgment made in A.S.Nos.16 of 2014 and 17 of 2014 made by the Principal District Judge, Theni. In both the appeals the appellant is same and the disputes involved in this case are one and the same, hence these two appeals are disposed by the Common Judgment.

(2.) In both the appeals the first defendant in the suit is the appellant herein and the plaintiff in the suit in O.S.No.120 of 2011 is the first respondent in the S.A.(MD)No.358 of 2015. The plaintiff in the O.S.No.148 of 2012 is the first respondent in the S.A.(MD) No.359 of 2015. The suit in O.S.No.120 of 2011 on the file of the Subordinate Judge, Theni was filed by first respondent in the S.A.(MD) No.358 of 2015 and the suit in O.S.No.148 of 2012 on the file of the Subordinate Judge, Theni was filed by the first respondent in S.A.(MD) No.359 of 2015. Both the suits were dismissed by the trial court. Hence, the Appeal in A.S.No.16 and 17 of 2014 was filed before the Principal District Court, Theni and the A.S.No.16 of 2014 was allowed and A.S.No.17 of 2014 was dismissed. The Appellant in both the appeals lost his case before the first appellate court, hence he filed these two Second Appeals.

(3.) The case of the appellant in these appeals are, the plaintiff in the suit are brothers, and sons of one V.Kaliappan of Bodinaickanur Village in Theni District. Dr.V.K.Marimuthu, the plaintiff in O.S.No.148 of 2012 is the oldest son of Mr.K.Mariappan, the plaintiff in O.S.No.120 of 2011 is the second son and Mr.K.Murugan, the first defendant in both the suits and appellant in these appeals is the last son of V.Kaliappan.