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2017 Supreme(Mad) 3317

T.RAVINDRAN
Ammavasai Gounder @ Kaiponnan – Appellant
Versus
Muniappa Gounder – Respondent


Advocates Appeared:
For the Appellants :R. Selvakumar, Advocate.

JUDGMENT :

1. Challenge in these second appeals are made to the judgment and Decree dated 14.07.2000 made in A.S.No.56 of 1999 and A.S.No.55 of 1999 respectively on the file of the Subordinate Court, Bhavani, Erode district, reversing the judgment and decree dated 29.04.1999 made in O.S.No.463 of 1986 and O.S.No.430 of 1998 respectively on the file of the District Munsif Court, Bhavani, Erode District.

2. O.S.No.463/1986 has been laid for declaration and permanent injunction.

3. O.S.No.430/1998 has been laid for permanent injunction.

4. It is found that the property, in dispute between the parties involved in both the suits is the same, accordingly, it is found that though separate trials were conducted in respect of the above said two cases, materials in common relied upon by the parties in the respective suits had been exhibited in both the suits and accordingly, it is found that in both the suits, the appellants in the present second appeals have lost their case before the first appellate court and accordingly, they have preferred the second appeals.

5. The case of the appellants, in brief in both the cases, is that the suit property is located in R.S.No.129/14 of Varadhanallur Villa



















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