JUDGMENT

(Prayer: Appeal Suit is filed under Section 96 of C.P.C., against the judgment and decree dated 26.02.2015 in O.S.No.154 of 2013 on the file of the Additional District Court, Namakkal so far as it relates to granting a decree for partition in favour of the plaintiff, the respondent herein for 1/3rd share in schedule 1 of the suit property.

Appeal Suit is filed under Section 96 of C.P.C., praying to set aside the judgment and decree dated 26.02.2015 made in O.S.No.154 of 2013 on the file of the Additional District Court, Namakkal.)

Common Judgment

1. These two appeals are directed against the judgment and decree passed by the Trial Court in O.S.No.154 of 2013 filed for partition of the 1st and 2nd schedule of the suit properties. The Trial Court, while considering positively in favour of the plaintiff in respect of 1st schedule property, dismissed the suit in respect of 2nd schedule property. The defendants, who has lost the suit in respect of 1st schedule property had preferred A.S.No.341 of 2015. The plaintiff, who has lost the suit in respect of 2nd schedule property has preferred A.S.No.353 of 2015.

2. The short facts involved in this case as stated in the plaint is that, th