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2006 Supreme(Kar) 656

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


K. L. MANJUNATH, J.

( 1 ) THESE four appeals are arising out of a common orders passed on issue Nos. 7 to 9 and on maintainability of the suit. The appellants in these appeals were plaintiffs in O. S. Nos. 2045/97 to 2048/97. 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 defendant nos. 1, 3, 4 and 5 are common in all suits and only the defendant No. 2 in the suits are different. They are, Doraiswamy Naidu in O. S. No. 2045/97, T. N. Venkatebh in O. S. NO. 2046/97, E. Govinda Naidu in O. S. NO. 2047/9? and T. Krishnam Naidu in 2048/97.

( 3 ) FOUR suits were filed by the plaintiff for the following reliefs: to cancel the sale deed dt. 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


























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