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2021 Supreme(Mad) 1469

G.JAYACHANDRAN
S. Sundharamurthy – Appellant
Versus
Kandhasami – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B. Hari Krishnan.
For the Respondent: G. Ilamurugan.

JUDGMENT :

G. JAYACHANDRAN, J.

1. These two Appeals arise from the common judgment and decree passed by the Trial Court in O.S. No. 1557 of 1997 and O.S. No. 171 of 2008. Since the disputing parties are one and the same and the subject matter of the suit property purported to be the same, the Trial Court had tried both the suits together and rendered the common judgment.

2. In O.S. No. 1557 of 1997:

    Kandasamy the respondent herein is the plaintiff. This suit was initially filed before the District Munsif Court, Poonamallee and numbered as O.S. No. 2030 of 1993 later, it was transferred to District Munsif Court, Ambattur and numbered as O.S. No. 1557 of 1997. Pending suit, the plaintiffs came to know about the fact that based on the settlement deeds executed by Aseervatham in favour of his son Devanithi, the 1st defendant/Devaneedhi has sold the property to one K.P. Aravindhakshan and his wife Indhira Arvindhakshan. Hence, the purchasers pendente lite were impleaded as 2nd and 3rd defendant (in O.S. No. 1557/1997) on 28.03.2006. Later, when the plaintiff came to know that the 2nd an

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