JUDGMENT

(Prayer in CMSA(MD).No. 37 of 2015 : Civil Miscellaneous Second Appeal filed under Sections 100 and 108 of Civil Procedure Code to set aside the judgment and decree dated 30.09.2008 passed in EA.No.8 of 2007 in EP.No.562 of 1998 in O.S.No.861 of 1996 on the file of the Additional District Munsif, Dindigul and confirmed by the judgment and decree dated 07.04.2015 passed in CMA.No.20 of 2009 on the file of the Additional Subordinate Court, Dindigul.

in CMSA(MD).No.11 of 2023 : Civil Miscellaneous Second Appeal filed under Order 43 Rule 1 read with Section 100 of Civil Procedure Code to set aside the judgment and decree dated 07.04.2015 passed in CMA.No.22 of 2009 by the Additional Subordinate Court, Dindigul confirming the judgment and decree dated 30.09.2008 passed in EA.No.9 of 2007 in EP.No.562 of 1998 in O.S.No.861 of 1996 on the file of the Additional District Munsif, Dindigul.)

Common Judgment:

1. CMSA(MD).No.37 of 2015 has been filed by the plaintiffs/ decree holders in a suit for partition challenging the allowing of an application under Order 21 Rule 90 C.P.C by the trial Court and confirmed by the First Appellate Court.

2. CMSA(MD).No.11 of 2023 has been filed by the 35