COMMON JUDGMENT:

Both the above two appeal suits A.S.No.997 of 1993 and Tr.A.S.No.243 of 1997 are directed against the common judgment and decree dated 3.12.1992 rendered by the Court of III Assistant City Civil Judge, Madras in the suit in O.S.No.9216 of 1989 which has been filed by the respondent herein against the appellants praying for a permanent injunction and for costs and the second suit in O.S.No.10171 of 1989 which has been filed by the appellants against the respondent herein praying for partition and separate possession and for costs.

2. The first suit in O.S.No.9216 of 1989 filed by the respondent has been decreed as prayed for with costs by the trial Court, but the second suit filed by the appellants herein in O.S.No.10171 of 1989 has been dismissed with a direction for parties to bear their own costs. Aggrieved against both the verdict as per the common judgment and decree, the appellants have come forward to prefer both the above appeal suits on certain grounds as brought-forth in the grounds of appeal. For the sake of convenience, the rank of the parties in O.S.No.9216 of 1989 is followed in the common judgment of the lower Court.

3. Tracing the history of