V. SUBRAMANI Vs. V. RENUGOPAL

JUDGEMENT

(1.) The defendants are the appellants before this Court. Since the issue involved in the two Appeals emanates from the same subject matter and the same parties and also taking into consideration the fact that both the Courts below have passed a common Judgment, this Court is also passing a common Judgement. The parties are referred to in the same Irrigative status as in the suit.

(2.) The Second Appeal, S.A. No. 942 of 2013 is filed challenging the Judgment and Decree in A.S. No. 12 of 2011 on the file of the Learned Subordinate Judge, Vellore which has in turn is filed challenging the Judgment and Decree in O.S. No. 761 of 2009 on the file of the District Munsiff's Court, Katpadi, Vellore District. The Second Appeal, S.A. No. 943 of 2013 is filed challenging the Judgement and Decree in AS. No. 15 of 2011 on the file of the Sub Court, Vellore which challenges the Judgement and Decree in O.S. No. 760 of 2009 on the file of District Munsiff's Court, Katpadi, Vellore.

(3.) O.S. No. 760 of 2009 was originally instituted before the District Munsiff's Court, Gudiyattam in O.S. No. 411 of 1997 which was later transferred to the District Munsiff's Court, Vellore and renumbered as O.S. No. 347 of 2000 and then transferred to District Munsif, Katpadi and again renumbered as O.S. No. 760 of 2009. This suit is filed for an injunction restraining the defendants from alienating the suit property to the third parties till the partition is effected and for a permanent injunction restraining the defendants 1 to 7 from putting up any construction by interfering with the plaintiff's possession of 0.88 cents and for mandatory injunction directing the defendants to remove the two houses.