BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON: 26.11.2018 DELIVERED ON : 04.01.2019 CORAM THE HONOURABLE MRS. JUSTICE R. THARANI S.A.(MD)Nos.8 and 9 of 2011

1.Kattathurai Village Panchayat, Rep. By its President, Veeyanoor Village, Kalkulam Tk, Kanniyakumari District.

2.The Block Development Officer, Thiruvattar Panchayat Union, Kalkulam Tk, Kanniyakumari District.

3.The Assistant Director of Panchayats, Nagercoil, Kanniyakumari District. .. Appellants in Both Appeals.

Vs.

1.Madhavan Pillai

2.Abusali .. Respondents in S.A.(MD)No.8 of 2011

1.Abusali

2.Madhavan Pillai .. Respondents in S.A.(MD)No.9 of 2011 Common Prayer :Second Appeals filed under Section 100 of Civil Procedure Code, to set aside the common Judgment and Decree dated 29.12.2009 passed in A.S.Nos.8 and 45 of 2009 on the file of the learned Subordinate Judge, Padmanabhapuram by confirming the Judgment and Decree dated 25.09.2008 passed in O.S.No.318 of 2000 on the file of the Principal District Munsif Court, Padmanabhapuram.

For Appellant : Mr.R.Janakiramulu (in Both Appeals)

For Respondent No.1 : No Appearence For Respondent No.2 : Mr.R.Vijaya Kumar (In S.A.(MD)No.8 of 2011)

http://www.judis.nic.in For Respondent No.1 : Mr.R.Vijaya Kumar For Respondent No.2 : No Appearance (In S.A.(MD)No.9 of 2011)

COMMON JUDGMENT

Heard the learned counsel appearing on either side.

2.These appeals are filed against the common Judgment and Decree passed in A.S.Nos.8 and 45 of 2009 dated 29.12.2009 on the file of the learned Subordinate Judge, Padmanabhapuram by confirming the Judgment and Decree passed in O.S.No.318 of 2000 dated 25.09.2008 on the file of the Principal District Munsif Court, Padmanabhapuram.

3.The appellants in S.A.(MD)No.8 of 2011 are the defendants 1 to 3, the first respondent in S.A.(MD)No.8 of 2011 is the fourth defendant in the original suit and the second respondent in S.A.(MD)No.8 of 2011 is the plaintiff in the original suit. The second respondent in S.A.(MD)No.8 of 2011 has filed a suit in O.S.No.318 of 2000 before the Subordinate Judge, Padmanabhapuram seeking a prayer of declaration and for possession and for mandatory injunction to remove the cement constructions and to hand over the suit property in its original stage. The trial Court has decreed the suit. Against the Judgment and Decree, the first respondent in S.A.(MD)No.8 of 2011 has filed an appeal in A.S.No.8 of 2009 before the Subordinate Judge, Padmanabhapuram and the appellants in S.A.(MD)No.8 of 2011 has filed an appeal in A.S.No.45 of 2009 before the Subordinate Judge, Padmanabhapuram. The first Appellate Court has dismissed both the appeals by a common Judgment dated 29.12.2009 confirming the Judgment and Decree passed by the trial Court. Against which, the appellants herein have filed these appeals before this Court.

4.For the sake of convenience, the appellant in S.A.(MD)No.8 of 2011 and the appellants in S.A.(MD)No.9 of 2011 herein after will be referred to as the defendants 1 to 3, the first respondent in S.A.(MD)No.8 of 2011 and the second respondent in S.A.(MD)No.9 of 2011 herein after will be referred to as the 4^th defendant and the second respondent in S.A.(MD)No.8 of 2011 and the first respondent in S.A.(MD)No.9 of 2011 herein after will be referred to as the plaintiff.

5.The case of the plaintiff is that the suit properties originally belonged to one Sakthikumari and on 14.11.1991, Sathikumari's Power Agent, Krishnan Kutti Nair has sold 13 cents of land in favour of the plaintiff and his brother, namely Sahul Hameed. On the same date, he has sold 7 cents of land to the fourth defendant. On the southern side of both the properties, there was a common wall. The fourth defendant has purchased plot no.1 of the property and the plaintiff has purchased plot no.2. The fourth defendant has demolished the old wall and constructed a new wall in the same place. The plaintiff and his brother, Sahul Hameed have constructed a house in the plot and they removed the southern old compound wall and cons