JUDGMENT

(Prayer in A.S(MD).No.94 of 2013: Appeal Suit filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 30.11.2012 made by the learned II Additional District Judge, Tuticorin in O.S.No.31 of 2011 and dismiss the suit.

In Cross Objection (MD) No.15 of 2013: Cross Objections filed under Order 41 Rule 22 of Civil Procedure Code, to set a side the decree and judgment dated 30.11.2012, rendered in O.S.No.31 of 2011, on the file of the second Additional District Judge, Thoothukudi, in so far it related to the dismissal of the suit as against the first Cross Objector/1st respondent is concerned, in the above appeal in A.S.No.94 of 2013, on the file of this Court, by allowing this Cross objections.)

Common Judgment:

1. This Appeal Suit has been preferred challenging the judgment and decree of the learned II Additional District Judge, Tuticorin dated 30.11.2012 made in O.S.No.31 of 2011. The respondents in the appeal have also filed Cross Objection against the findings that the first respondent is not entitled to any share.

2. The appellant is the defendant in O.S.No.31 of 2011, on the file of the learned II Additional District Judge, Tuticorin. The resp