JUDGMENT :

PRAYER: These Appeal Suits are filed under Section 96 of the Civil Procedure Code, to set aside the judgment and decree passed in O.S.No.448 of 2004 dated 30.11.2007 and O.S.No.11 of 2014, dated 24.04.2018 on the file of the First Additional District Court, Madurai and V Additional District Court, Madurai, respectively.

Though the two appeals have been filed in respect of two different cause of action, since the subject matter of the properties and the parties are one and the same, in order to avoid conflicting judgments, this Court is of the view that both the appeals are to be dealt with separately and disposed of separately in a common judgment.

A.S.(MD)No.190 of 2008:

2. Aggrieved over the dismissal of the suit in O.S.No.448 of 2004 filed by the plaintiff for dividing the suit properties into four equal shares and mesne profits, the present appeal is filed.

3. For the sake of convenience, the parties are referred to herein, as per their own ranking before the Trial Court in O.S.No.448 of 2004.

4. The brief facts leading to the filing of this Appeal Suit are as follows:

(i) the first defendant is the father of the plaintiff and the second and third defendants are the brother