S NAVANEETHAM Vs. NALINI

JUDGEMENT

(1.) This second appeal is directed against the Judgment and Decree dated 26.04.2016 passed in A.S.No.17 of 2014 on the file of the Subordinate Court, Vaniyambadi, partly modifying the Judgment and Decree dated 29.04.2014 passed in O.S.No.129 of 2013 on the file of the District Munsif Court, Ambur.

(2.) The appellants are the plaintiffs in O.S.No.129 of 2013. The above suit has been laid for declaration of the appellants' right of 1/4th share in the suit property and for permanent injunctions.

(3.) It is also found that the defendant viz., Nalini has laid the suit in O.S.No.27 of 2013 against the appellants 1 & 2 for the relief of declaration of title and the consequential relief of permanent injunction in respect of the suit property. It is found that considering the subject matter involved in both the suits being the same and the parties are also one and the same in both the suits and the issues involved in both the suits are found to be common, both the suits were jointly tried by the trial Court and it is found that the common evidence was recorded in O.S.No.27 of 2013 and the plaintiff in O.S.No.27 of 2003 has been examined as PW1 and Exs.A1 to A9 were marked on her behalf and on the side of the (appellants) defendants, DWs1 to 4 were examined and Exs.B1 to B5 were marked. Ex.X1 was also marked.