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2023 Supreme(Mad) 1630

SUNDER MOHAN
M. Sundaranantham – Appellant
Versus
K. Sivakumar – Respondent


Advocates appeared:
For the Appellant:S. Kumar, Advocate. For the Respondents:M. Vallinayagam, Senior Counsel for D. Nallathambi, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 18.03.2021 passed in A.S.No.37 of 2020 on the file of the Principal District Court, Tirunelveli confirming the Judgment and Decree made in O.S.No.72 of 2016 on the file of the Additional Sub Court, Tirunelveli dated 06.11.2019, allow the Second Appeal.)

Common order:

1. Since both the Second Appeals arise out of a common judgment passed by the learned Principal District Judge, Tirunelveli in A.S.Nos.36 and 37 of 2020, they are taken up together for final disposal.

2. The appellant is the plaintiff in O.S.No.72 of 2016 and defendant in O.S.No.206 of 2014 on the file of the Additional Sub Court, Tirunelveli. The appellant originally filed O.S.No.383 of 2014 before the Principal District Munsif, Tirunelveli for relief of declaration that the suit property belongs to him and for permanent injunction against the respondents not to interfere with his possession or in the alternative for recovery of possession. The said suit was transferred to Additional Sub Court, Tirunelveli and renumbered as O.S.No.72 of 2016.

3. The case of the appellant/plaintiff in the suit fil

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