JUDGMENT :

Both these appeals have arisen out of a common judgment passed by the Court of the VIII Additional City Civil and Sessions Judge (CCH : 15) at Bengaluru City (hereinafter for brevity referred to as the “Trial Court”) dated 21-06-2014.

R.F.A.No.1318/2014 is filed against the common judgment in O.S.No.133/2007 by the defendants therein, whereas R.F.A.No.1317/2014 is filed by the plaintiff in O.S.No.4045/2008.

O.S.No.133/2007 was a suit for permanent injunction filed by the respondent in R.F.A.No.1318/2014, in the Trial Court whereas O.S.No.4045/2008 was a suit for declaration and possession filed by the appellant in R.F.A.No.1317/2014 as a plaintiff in the Trial Court. The plaintiff in O.S.No.133/2007 was also defendant No.9 in O.S.No.4045/2008.

2. The Trial Court by its impugned common judgment dated 21-06-2014 partly decreed O.S.No.133/2007 filed by plaintiff-Smt. J. Manjula and dismissed O.S.No.4045/2008 filed by Sri.A. Manohar. It is against the said common judgment, these two appeals have been filed.

3. Both the suits in the Trial Court were with respect to the respective suit schedule property which, according to both side, is the very same property. Though there appears