MUTHANNA NANCY Vs. RAMA DEVI

JUDGEMENT

(1.) Aggrieved over the concurrent finding of the courts below in the suit filed for Permanent Injunction in O.S.160 of 2008 and Declaration and consequential injunction in O.S.No.66 of 2009, these Second Appeals are filed. Since the Courts below disposed of both the suits in a common judgment and the evidence was recorded in commonin both the suits, this Court is inclined to dispose of both the appeals in a common judgment.

(2.) The brief facts leading to file of these Second Appeals are as follows:

(3.) Both the suits were tried jointly on the basis of the memo filed by the parties. For both the suits common evidence was recorded. On the side of the Plaintiffs P.W.1 to P.W.5 were examined and Ex.A.1 to Ex.A.30 marked. On the side of the Defendants D.W.1 to D.W.4 were examined and Ex.B.1 to Ex.B.14 marked Ex.X.1 to Ex.X.2 marked through D.W.2. The trial Court has framed the following issues in O.S.No.66 of 2009: