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2020 Supreme(Mad) 1092

V.PARTHIBAN
Chandra – Appellant
Versus
Kakumani Adikesavalu Chetty Charities – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Manokaran for Karthikeyan and Rajeswari Karthikeyan
For the Respondent: V. Ramesh for T. Thiyagarajan

JUDGMENT :

V. Parthiban, J.

1. These two Second Appeals have arisen out of common judgments and decrees of the Courts below, in respect of two suits filed as between the plaintiffs and the defendants, respectively. The suit in O.S. No. 1874 of 1987 has been filed by the plaintiff Trust seeking for recovery of possession from the defendants and for payment of damages for unlawfully occupying the suit schedule property. Another suit, in O.S. No. 10276 of 1992, was filed by the defendants 4 to 9 in O.S. No. 1874 of 1987 for bare injunction in respect of the same subject property. Both the suits were tried together and by a common judgment, the trial Court decreed O.S. No. 1874 of 1987 in favour of the plaintiffs and dismissed the suit in O.S. No. 10276 of 1992. As against the said judgment and decree passed in O.S. No. 1874 of 1986, the defendants 4 to 9 therein have filed A.S. No. 565 of 2004 and the same defendants (who are the plaintiffs in O.S. No. 10276 of 1992) have filed A.S. No. 580 of 2005, challenging the dismissal decree passed in O.S. No. 10276 of 1992. By a common judgment, the appellate Court dismissed the appeal in A.S. No. 565 of 2004 and partially allowed the appeal in

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