PITCHAMUTHU Vs. PANNEERSELVAM

JUDGEMENT

(1.) O.S.No.78 of 2001 has been laid by the respondents for declaration and permanent injunction or in the alternative for possession. O.S.No.124 of 2001 has been laid by the appellants for declaration, possession and damages and also for other reliefs.

(2.) The Second Appeals have been admitted on the following substantial questions of law.

(3.) Materials placed on record go to show that the abovesaid civil suits were jointly tried by the trial court and accordingly common evidence was adduced by both the parties in the abovesaid civil suits and on the basis of the materials placed by the respective parties, the trial court is found to have dismissed the suit laid by the respondents in O.S.No.78 of 2001 and decreed the suit filed by the appellants in O.S.No.124 of 2001 by way of a common judgment dated 30.07.2000. Impugning the same, the respondents had preferred A.S.No.26 of 2011 against the judgment and decree passed in O.S.No.124 of 2001 and A.S.No.27 of 2011 against the judgment and decree passed in O.S.No.78 of 2001. The first appellate court by way of a common judgment dated 07.04.2014, had allowed the first appeal preferred by the respondents in A.S.No.26 of 2011 and thereby dismissed the suit laid by the appellants in O.S.No.124 of 2001 and dismissed the first appeal laid by the respondents in A.S.No.27 of 2011 and thereby confirmed the dismissal of O.S.No.78 of 2011 filed by the respondents.