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2024 Supreme(Mad) 2390

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN
Vasantha (Deceased) – Appellant
Versus
Velur Sri Vaidhyanathaswamy Devastanam, Vaitheeswarankoil rep. by its hereditary Trustee Sri La Sri Masilamani Desiga Gnanasambanda Paramacharya Swamigal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.V.K.Vijayaraghavan
For the Respondents:Mr.S.Girish for Mr.M.Karthikeyan, Mr.M.Muthusamy Government Advocate

JUDGMENT :

C. KUMARAPPAN, J.

1. Both the appeals are arising against the judgment and decree of two different suits in O.S.No.228 of 1994 and O.S.No.241 of 1994. It is pertinent to mention here that, both the suits have been disposed of independently. However, the judgement was pronounced on the same day qua 05.09.2000. The subject matter of both the suit is one and the same. The parties are also one and the same. Apart from that, the facts, law and documents involved in these two Second Appeals are intertwined and interconnected. Hence, this Court deems it appropriate to take up both the Second Appeals together for disposal.

2. The appellant in both the appeals is one Vasantha, who was the defendant in O.S.No.228 of 1994, and the plaintiff in O.S.No.241 of 1994. The plaintiff in O.S.No.228 of 1994 and the defendant in O.S.No.241 of 1994 qua Dharmapuram Aadeenam is the respondent in both the appeals. Besides Aadeenam, in SA.No.1114 of 2002, Government was also arrayed as respondents 2 and 3.

3. For the sake of convenience, this Court deems it appropriate to refer the parties according to their litigative status in O.S.No.228 of 1994.

4. The brief facts which give rise to the instant two

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