R.BANUMATHI, J.

( 1. ) O.S.A. No. 312 of 2011 is preferred against the order in A. No. 2033 of 2011 whereby the learned single Judge declined to frame five additional issues but framed only two additional issues. O.S.A. No. 313 of 2011 is preferred against the order in A. No. 2034 of 2011 in Tr.C.S. No. 948 of 2007 declining to take up the issue of Court fee as preliminary issue.

( 2. ) RELEVANT facts, which are necessary for disposal of these appeals are as follows: The Appellant-Kasi Sah has filed the suit C.S. No. 286 of 2006 on the Original Side of High Court, Madras for partition of "A" to "C" schedule properties into three shares and allot one such share to the Plaintiff. The respondent has filed O.S. No. 3387 of 2007 on the file of City Civil Court Chennai seeking for a decree for mandatory injunction directing the Appellant to deliver possession of the suit "B" schedule property forming part of "A" schedule property under the occupation of the appellant ? New No. 38, Iyyah Mudali Street, Chintadripet, Chennai-600 002 and other reliefs.

Resisting the said suit, appellant has filed written statement setting out the defences. The said suit O.S. No. 3387 of 2007 on the fi