JUDGMENT :

M.R. SHAH, J.

1. Leave granted in both the special leave petitions.

2. As common question of law and facts arise in both these appeals and as such arise out of the impugned common Judgment and Order passed by the High Court, both these appeals are being decided and disposed of together by this common Judgment and Order.

3. Feeling aggrieved and dissatisfied with the impugned common Judgment and Order passed by the High Court of Judicature at Madras in Second Appeal Nos.4 and 5 of 2009 by which the High Court while exercising powers under Section 100 of the CPC has allowed the said Second Appeals and has quashed and set aside the Judgment and Decree passed by the Trial court as well as the First Appellate Court dismissing the suits and consequently has decreed the suits preferred by the respondent herein-original plaintiff, the original defendant has preferred the present appeals.

4. The facts leading to the present appeals in nutshell are as under :

That the original plaintiff (Respondent No.1 herein)S. Ramasamy initially filed a suit being OS No.10 of 2006 in respect of the immovable properties described in the schedule of plaint to restrain original defendant No.2 (appellant