T. Sudhakar VS Sadacharam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

G. K. ILANTHIRAIYAN
T. Sudhakar – Appellant
Versus
Sadacharam – Respondent

Advocates:
Counsel for the Parties:
(In A.S.No.712 of 2012)
For the Appellant: Mr. R. Gururaj
For the Respondent Nos. 1, 3 to 6 and 11: Mr. P. Dinesh Kumar for Mr. D. Raivchander
For the Respondent Nos. 8 to 10, 12: No appearance
(In A.S.No.713 of 2012)
For the Appellant: Mr. R. Gururaj
For the Respondent Nos. 2, 4 to 7 and 8: Mr. P. Dinesh Kumar for Mr. D. Raivchander

JUDGMENT (COMMON)

G.K. Ilanthiraiyan, J.—The plaintiff in O.S.No.88 of 2009 and the 3rd defendant in O.S.No.101 of 2008 is the appellant in A.S.No.712 of 2012. The plaintiffs in O.S.No.101 of 2008 and the defendants in O.S.No.88 of 2009 are the respondents in A.S.No.713 of 2012.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The plaintiffs in O.S.No.101 of 2008 filed the suit for partition and the plaintiff in O.S.No.88 of 2009 filed the suit for declaration and injunction. In both suits, suit property is one and the same and the parties are one and the same. Therefore, the trial Court passed common judgement and decree dated 14.11.2011 in both the suits.

4. The case of the plaintiffs in O.S.No.101 of 2008 is that the suit property originally belonged to one Vadivel Pillai, who is the father of Vijayarangam Pillai. The first item of the suit property was purchased by him under registered sale deed dated 18.05.1994 and the second item of the suit property is the ancestral property. After demise of said Vadivel Pillai, the said properties were devolved on his son Vijayarangam Pillai. The suit properties are the joint family co-p

Click Here to Read the rest of this document