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2014 Supreme(Mad) 564

M.DURAISWAMY
Saravana kumar – Appellant
Versus
N. Jayachandran – Respondent


Advocates Appeared:
For the Appellants:P. Valliappan, Advocate.
For the Respondents: R1 to R3 & R7, T. Madhusudhana Reddy, R4 to R6, ex parte, Notice dispensed with vide order.

Judgment :

1. S.A.No.440 of 2009 arises against the judgment and decree passed in A.S.No.118 of 2006 and Cross Objections in A.S.No.118 of 2006 on the file of the Principal District Court, Coimbatore, modifying the judgment and decree in O.S.No.571 of 1996 on the file of the II Additinoal Sub Court, Coimbatore. The plaintiffs are the appellants and the respondents were the defendants in the suit.)

2. S.A.No.441 of 2009 arises against the judgment and decree passed in A.S.No.127 of 2006 on the file of the Principal District Court, Coimbatore, modifying the judgment and decree in O.S.No.571 of 1996 on the file of the II Additional Sub Court, Coimbatore. The plaintiffs are the appellants and the respondents were the defendants in the suit.

3. The plaintiffs filed the suit in O.S.No.571 of 1996 for partition.

4. The trial Court passed a preliminary decree in favour of the plaintiffs. Aggrieved over the preliminary decree passed by the trial Court, the defendants 2 & 3 preferred an appeal in A.S.No.127 of 2006 and the fifth defendant preferred an appeal in A.S.No.118 of 2006 and the ninth defendant filed a Cross Objection in A.S.No.118 of 2006. The lower Appellate Court disposed of both the



























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