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2025 Supreme(Online)(Mad) 64150

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice R.SAKTHIVEL
G Kula sekaran – Appellant
Versus
M Baby – Respondent


JUDGMENT

Feeling aggrieved by the Judgment and Decree dated August 3, 2015 passed in O.S.No.952 of 2012 by 'the First Assistant Judge, City Civil Court, Chennai' ['Trial Court' for brevity], the third defendant therein has filed the Appeal Suit in A.S. No.437 of 2022 under Section 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908 ' ['CPC' for short].

2. Similarly, feeling aggrieved by the said Judgment and Decree of the Trial Court, the plaintiff therein has preferred the Appeal Suit in A.S. No.436 of 2022 under Section 96 read with Order XLI Rules 1 and 2 of CPC.

3. To be noted, first one G.Kulasekaran presented a plaint before this Court arraying his brother - G.Ayyasamy as sole defendant, seeking the relief of permanent injunction on January 8, 2010 and the same numbered as C.S.No.32 of 2010. Later it was transferred to the City Civil Court, Chennai on account of pecuniary jurisdiction and renumbered as O.S. No.7944 of 2010, and then made over to the Additional District and Sessions Judge, Fast Track Court – V, Chennai, which decreed the Suit. Feeling aggrieved by the same, the defendant therein - G.Ayyasamy has preferred the Appeal Suit in A.S. No.519 of 2013 o

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