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2006 Supreme(Kar) 658

K.L.MANJUNATH
O. LEELAVATHI – Appellant
Versus
M. NEELAKANTA NAIDU – Respondent


Advocates Appeared
Sri S. Vijayashankar, Senior Advocate for Sri M.V. Vedachala, Advocate for Appellants common in all R.F.As;
M/s. Lakshmi Law Associates, Advocates for Respondent-1 in R.F.A. No. 634 of 2001;
Sri C.G. Gopalaswamy, Advocate for Respondent-1 in R.F.A. Nos. 635. 636 and 637 of 2001;
Respondent-2 served in R.F.A. Nos. 634, 636 and 637 of 2001;
Sri Shantharaju, Senior Advocate for M/s. Kesvy and Company, Advocates for Respondents-3 to 5 in R.F.A. Nos. 634, 635, 636 and 637 of 2001.

JUDGMENT

These four appeals are arising out of a common orders passed on issues 7 to 9 and on maintainability of the suit. The appellants in these appeals were plaintiffs in O.S. Nos. 2045 to 2048 of 1997. Since the averments in the plaints in the four suits and the contentions in the written statements are similar, these appeals are heard together by consent of the learned Counsel appearing for both the parties.

2. Four suits were filed by the plaintiffs against different defendants and out of them defendants 1, 3, 4 and 5 are common in all suits and only the defendant 2 in the suits are different. They are, Doraiswamy Naidu in O.S. No. 2045 of 1997, T.N. Venkatesh in O.S. No. 2046 of 1997, E. Govinda Naidu in O.S. No. 2047 of 1997 and T. Krishnama Naidu in O.S. No. 2048 of 1997.

3. Four suits were filed by the plaintiff for the following reliefs:

To cancel the sale deed dated 13-9-1993 executed by the 1st defendant in favour of the 2nd defendant in all the suits and to cancel the sale deed dated 15-9-1994 executed by the 2nd defendant in favour of defendants 3 to 5 and to direct the defendants 1 to 5 to vacate and put the plaintiffs in possession of plaint Schedule B property and to














































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