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2022 Supreme(Mad) 1441

N. ANAND VENKATESH
S. Krishnasami (Died) – Appellant
Versus
R. Marappan – Respondent


Advocates appeared:
For the Appellants:A. Thiyagarajan, T. Balaji, Advocates. For the Respondents:R1, T.L. Thirumalaisamy, Advocate, R3, R4 to R6, No Appearance.

JUDGMENT

(Prayer in S.A.No.217 of 2012: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.62 of 2011, on the file of the Principal District Judge, Namakkal, dated 23.08.2011 confirm the Decree and Judgment passed in O.S.No.623/2003 on the file of Sub Court, Namakkal dt.29.07.2010.

S.A.No.218 of 2012: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.63 of 2011, on the file of the Principal District Judge, Namakkal, dated 23.08.2011 confirm the Decree and Judgment passed in O.S.No.651/2003 on the file of Sub Court, Namakkal dt.29.07.2010.)

Common Judgment

1. The issue involved in both the Second Appeals are common and hence they are heard together and disposed of through this Common Judgment.

2. The 1st defendant in the suit was the appellant in both the Second Appeals. On his demise during the pendency of the Second Appeal, his daughters have been substituted as the appellants in both the Second Appeals.

3. The 1st respondent in both the Second Appeals were the plaintiff in the suit. The husband is the plaintiff in O.S. No. 623 of 2003 which is the subje

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