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2023 Supreme(Mad) 3301

N. SATHISH KUMAR
S. Palani @ Sundar – Appellant
Versus
Sundararaju – Respondent


Advocates Appeared:
For the Appellant : Mr. V. Ramakrishnan.
For the Respondent: Mrs. J. Anandavalli.

JUDGMENT :

[PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code, against the decree and judgment dated 09.10.2018 in O.S.No.218 of 2010, on the file of the I Additional District Judge, Madurai.]

[PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code, against the decree and judgment dated 09.10.2018 in O.S.No.202 of 2015, on the file of the I Additional District Judge, Madurai.]

The plaintiff in O.S.No.218 of 2010 and who is also the sole defendant in O.S.No.202 of 2015 has come up with these Appeal Suits aggrieved by the dismissal of his suit for partition in respect of 'B' and 'C' Schedule properties and decree passed against him in the suit for bare injunction.

2. The suit in O.S.No.218 of 2010 was filed by the appellant herein for partition and the suit in O.S.No.202 of 2015 was filed by the 1st defendant in O.S.No.218 of 2010 against the plaintiff therein for permanent injunction. Since a joint trial was conducted and the evidence was recorded in common in O.S.No.218/2010, the parties are referred according to their rankings in O.S.No.218 of 2010 for the sake of clarity.

3. The brief facts, leading to the filing of these Appeal Suits, are as follo

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