IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 03.08.2018

Pronounced on : 05.12.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM

S.A.No.1433 and 1611 of 2002

and

Cross Objection No.36 of 2018

in S.A.No.1433 of 2002

S.A.No.1433 of 2002

1. V.G.Ramasamy

2.V.G.Murugesan

... Appellants/Defendants 2 & 3

Vs.

1.V.G.Sreenivasan ... 1^st Respondent/Plaintiff

2.V.G.Natarajan

... 2^nd Respondent/1^st defendant

Prayer:- Second Appeal filed under Section 100 of C.P.C., to set

aside the Judgment and decree dated 29.11.1999 in A.S.No.45 of

1998 on the file of the First Additional District Judge,

Dharmapuri at Krishnagiri partly reversing the Judgment and

Decree dated 29.01.1998 in O.S.No.38 of 1995 on the file of the

Subordinate Judge, Krishnagiri.

S.A.No.1611 of 2002:

1. V.G.Murugesan

... Appellant/Plaintiff

Vs.

1.V.G.Natarajan

2.V.G.Ramasamy

3.V.G.Sreenivasan

4.Gowri(died)

5.Mallika(died)

6. Pushpa(died)

7. Dhanabakkiammal

8.V.R. Govindaraj

9.Thirunavukkarasu @ Ravi

10.V.G.Jegannathan

11.Ilanthalian

12.Gandhimathi

https://hcservices.ecourts.gov.in/hcservices/

13. K.C.Jayaraman (deceased)

14. Gowri

15.Soundari

16.Muruganandam

17.Samundeeswari

18.G.Amsa

19.Chandran(died)

20.Maheswari

21.C.Venkatesan

22.Pradha

23.C.Srinivasan

... Respondents

(R8 to R12 brought on record as LRs of the deceased 4^th

respondent viz., Gowri vide court order dated 20.03.2013 made in

CMPs.445 to 447 of 2015)

(R13 to R18 brought on record as LRs of the deceased 5^th

respondent viz., Mallika vide court order dated 20.03.2013 made

in CMPs.448 to 450 of 2015. R13 died. RR14 to 18 are LRs of

the deceased R13 K.C.Jayaraman as per the memo dated 24.07.2018

USR No.5777 of 2018 and vide order of court dated 25/07/2018.)

(R19 to R23 brought on record as LRs of the deceased 6^th

respondent viz., Pushpa vide court order dated 20.03.2013 made

in CMPs.451 to 453 of 2015. R19 died. RR20 to 23 LRs of the

deceased R19 viz., Chandran as per the memo dated 25.07.2018

Prayer:- Second Appeal filed under Section 100 of C.P.C., to set

aside the Judgment and decree dated 29.11.1999 in A.S.No.47 of

1998 on the file of the First Additional District Judge-cum-

Chief Judicial Magistrate, Dharmapuri at Krishnagiri against the

Judgment and Decree dated 29.01.1998 in O.S.No.176 of 1992 on

the file of the Subordinate Judge, Krishnagiri.

Cross Objection No.36 of 2018 in S.A.No.1433 of 2002:

V.G.Sreenivasan

...Cross Objector

Vs.

1.V.G.Ramasamy

2.V.G.Murugesan

3.V.G.Natarajan

...Respondents

Prayer:Cross Objection No.36 of 2018 in S.A.No.1433 of 2002 is

filed under Order 41 Rule 22 of CPC in O.S.No.38 of 1995 to

set aside the findings of the First Appellate Court that the

trial court's finding that the suit property absolutely belongs

to the plaintiff is not correct.

https://hcservices.ecourts.gov.in/hcservices/

For Appellants

: Ms.A.L.Ganthimathi in both Appeals and

respondent in Cross Objection No.36 of 2018.

For Respondents : Mr.P. Mani for R1 in S.A.No.1433 of 2002 and

for R3 in SA.No.1611 of 2002

Mr.V. Murali for R2 in S.A.No.1433 of 2002

and for R1 in S.A.No.1611 of 2002

Mr.A.S.Vijayaraghavan for R2 in S.A.No.1611/2002

Mr.N.E.A.Dinesh for R14 to R18 in S.A.No.1611/2002

C O M M O N J U D G M E N T

S.A.No.1433 of 2002 has been filed by the defendants 2 and

3 against the judgment and decree passed by the First Additional

District Judge of Dharmapuri District at Krishnagiri in

A.S.No.45 of 1998 dated 29.11.1999 confirming the judgment and

decree passed by the Sub-Judge, Krishnagiri in O.S.No38 of 1995

dated 29.01.1998.

S.A.No.1611 of 2002 has been filed by the plaintiff against

the judgment and decree passed by the First Additional District

Judge of Dharmapuri District at