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2023 Supreme(Mad) 998

S. S. SUNDAR, P. B. BALAJI
Kuttub K. Z. – Appellant
Versus
A. Selvaraj – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.S.Parthasarathy Senior Counsel for Mr.P.Dinesh Kumar
For the Respondent: Mr.V.Raghavachari Senior Counsel for Mr.A.R.Balaji

JUDGMENT :

S.S. SUNDAR, J.

Prayer : Appeal Suit filed under Section 96 of Code of Civil Procedure against the judgment and decree dated 18.06.2013 in O.S.No.825 of 2007 on the file of the IV Additional District and Sessions Court, Coimbatore.

Prayer : Appeal Suit filed under Section 96 read with Order 41 Rule 1 of Code of Civil Procedure against the judgment and decree dated 18.06.2013 in O.S.No.825 of 2007 on the file of the IV Additional District and Sessions Court, Coimbatore.

The plaintiff in the suit in O.S.No.825 of 2007 on the file of the IV Additional District and Sessions Court, Coimbatore, is the appellant in A.S.No.266 of 2013 and the defendants 1 to 3 in the same suit in O.S.No.825 of 2007 are the appellants in A.S.No.9 of 2014. Since both the appeals arise out of the common judgment and decree of learned IV Additional District Judge, Coimbatore, in the suit in O.S.No.825 of 2007, these two appeals are disposed of by this common judgment.

2. For convenience, parties are referred to as per their litigating status before the trial Court.

3. Brief facts that are necessary for the disposal of both the appeals are as follows :

3.1. The appellant in A.S.No.266 of 2013 filed the suit

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