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2024 Supreme(Mad) 2550

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE
A.R.Subramaniam – Appellant
Versus
M.S.Muthuvel – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr.V.Raghavachari Senior Advocate Assisted by Mr.N.Manoharan
For the Respondents: Mr.A.Palaniappan for Mr.K.Venkateswaran

JUDGMENT :

N. SESHASAYEE, J.

1.1 These twin appeals were preferred challenging the decree passed in A.S.22 of 2019 and A.S 23 of 2019 on the file of Principal District Court, Tiruppur. The appellants were successful before the trial court, but suffered a reversal in their fortune before the first appellate court.

1.2 The duel is between the father and one of his sons on one side, the appellants), with his other son on the other side (the respondent). Both the sides filed two separate suits. The details are as below:

a) The first of the suits is O.S.No.59/2018 (originally O.S.No.62/2009 before District Munsif Court, Kangeyam) and it was laid by the appellants herein before the Sub Court, Kangeyam. This suit is laid for declaration of the title of the plaintiffs based on Ext.A1 and Ext.A30, partition deeds, and for ancillary reliefs of prohibitory injunction. There are two schedules of properties disclosed in the plaint as A and B schedules, and they respectively represent the properties that the first and the second plaintiff had respectively obtained in the aforesaid partition deeds.

b) The defendant in the said suit, for his part has laid O.S.No.60/2018 before the Sub Court, Kangeyam (

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