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2022 Supreme(Mad) 615

S.KANNAMMAL
K. M. Aruchamy Thevar (died) – Appellant
Versus
N. Srinivas – Respondent


Advocates Appeared:
For the Appellants:R. Veeramani, Advocate.
For the Respondent:B. Manoharan, Advocate.

JUDGMENT :

(Common Prayer: Appeal Suits in A.S.Nos.392 and 393 of 2012 filed under Section 96 of the Code of Civil Procedure against the common judgment and decree, dated 29.11.2011, passed in O.S.Nos.163 of 2009 and 417 of 2011 respectively, on the file of the Additional District and Sessions Judge, Fast Track Court No. III, Coimbatore.)

1. These appeals have been filed against the common judgment and decree, dated 29.11.2011, passed in O.S.Nos.163 of 2009 and 417 of 2011 (erstwhile O.S.No.123 of 2007) respectively, on the file of the Additional District and Sessions Judge, Fast Track Court No.III, Coimbatore.

2. O.S.No.163 of 2009 is the suit for specific performance filed by K.M.Aruchamy Thevar against N.Srinivas. O.S.No.417 of 2011 is the suit filed by N.Srinivas for return of original documents handed over by him to K.M.Aruchamy Thevar. The trial Court had dismissed the suit for specific performance and allowed the suit for return of documents, aggrieved by which, K.M.Aruchamy Thevar has filed the above appeals.

3. Pending the appeals, the sole appellant/K.M.Aruchamy Thevar died and his legal heir has been brought on record.

4. For the sake of convenience, the original appellant/K

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