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2015 Supreme(Mad) 2561

PUSHPA SATHYANARAYANA
Anandayee – Appellant
Versus
Govindasamy – Respondent


Advocates:
Advocate Appeared:
For Appellants in both appeals : Mr. T.Gowthaman
For Respondents 1 & 2 in S.A.No.26 of 2009:Mrs. Hema Sampath, and Senior Counsel For Respondents 1 to 3 for in S.A.No.220 of 2009 Mrs. R.Meenal
For Respondent-4 in S.A.No.220 of 2009: No Appearance

JUDGMENT

The above appeals arise out of common judgment dated 18.04.2006 made in A.S.No.1 of 2006 and A.S.No.107 of 2005 on the file of the Principal District Judge, Salem. O.S.No.354 of 2000 on the file of the Additional Subordinate Judge, Salem was dismissed and confirmed by the lower Appellate Court in A.S.No.1 of 2006, whereas, O.S.No.642 of 1995 on the file of Additional Subordinate Judge, Salem was reversed by the lower Appellate Court in A.S.No.107 of 2005.

2. The brief facts leading to the above appeals are as follows: The suit in O.S.No.354 of 2000 was filed by the appellants herein namely, Anandayee, Manickam and Anbalagan, seeking declaration with respect to 'A' schedule properties and for declaration and possession with respect to 'B' schedule properties. Similarly, O.S.No.642 of 1995 was filed by the respondents 1 to 3 in S.A.No.220 of 2009, namely, Kala, Sangeetha and Devarajan, seeking partition of 3/4th share in the suit properties. Both the suits were tried in common and disposed of by the common judgment dated 16.11.2004, dismissing them both. As against the same, A.S.No.1 of 2006 and A.S.No.107 of 2005 were filed by the aggrieved parties, which were also disposed


































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