ARUKKATHAL Vs. KUMARASAMY

JUDGEMENT

(1.) These appeals are directed against the common judgment and decree passed in A.S.No.19 of 2007 and A.S.No.21 of 2007 reversing the common judgment and decree passed in O.S.No.6 of 1996 and O.S.No.116 of 1995.

(2.) The parties are described as per status and ranking found in the plaint.

(3.) The suit in O.S.No.6 of 1996 was filed for declaration that A and B Schedule properties are the properties of the plaintiff as per the Will executed by his father Komarasamy Gounder on 17.09.1987 and for permanent injunction restraining the defendants from interfering with their peaceful possession of the A and B schedule properties. The trial Court, which tried the suit in O.S.No.6 of 1996 and another suit in O.S.No.36 of 1997 filed by Kumarasamy Gounder for permanent injunction and O.S.No.116 of 1995 filed by Veerathal, Arukathal who were defendants in the suit in O.S.No.6 of 1996 and O.S.No.36 of 1997, examined the witness in common and dismissed the suit in O.S.Nos. 6 of 1996 and 36 of 1997 filed by Kumarasamy Gounder and allowed the suit for partition filed by Veerathal and others against Kumarasamy and passed a preliminary decree granting share together for defendants 3,4 and 5, being the legal heirs of deceased first defendant Veerathal and share to the second defendant Arukathal. Aggrieved by that, the said Kumarasamy Gounder preferred first appeals in A.S.Nos. 19 to 21 of 2007 as against the dismissal of the suits in O.S.No.6 of 1996 and 36 of 1997 and as against the decree passed in O.S.No.116 of 1997, allowing the suit against him. The first appellate Court, after considering the memorandum of grounds partly allowed the appeal and granted declaration and permanent injunction.