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2019 Supreme(Mad) 2885

R.PONGIAPPAN
S. R. Rengan – Appellant
Versus
S. R. Alamelu Ammal (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.M.V.Venkataseshan
For the Respondents: Mr.V.Prabhu, Mr.M.P.Senthil, Mr.M.P.Senthil, Adv

JUDGMENT :

Both the second appeals are preferred against the Judgment and Decree passed in A.S.Nos.264 and 265 of 1997 on the file of the learned II-Additional District Judge, Trichy.

2. The respondent in S.A.No.745 of 1998, one S.R.Alamelu Ammal filed a suit in O.S.No.751 of 1990, on the file of the learned Subordinate Judge, Trichy, seeking the relief of recovery of possession and permanent injunction, as against one S.R.Rengan, who is the appellant in S.A.No.744 of 1998.

3. Similarly, the above said S.R.Rengan and two others filed a suit in O.S.No.400 of 1991, on the file of the learned Subordinate Judge, Trichy, seeking the relief of permanent injunction restraining the defendants from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule properties, in which the above said S.R.Alamelu Ammal is the first defendant.

4. Since, in both the suits, party to the proceedings and the property in dispute are one and the same, the learned Principal Subordinate Judge, Trichy, tried the both suits simultaneously and by a common Judgment and decree, dated 18.01.1997, dismissed the suit in O.S.No.751 of 1990 and granted a decree in favour of the plaintiffs in O.

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