COMMON JUDGMENT

1.Both the Appeal suits in A.S. No.1008 of 2005 and A.S. No.1009 of 2005 arise out of the common judgment and preliminary decree dated 21.07.2005 passed by the Additional District Court/Fast Track Court No. I, Chengalpattu, in O.S. No.497 of 2004 and O.S. No.526 of 2004.

2. The plaintiffs instituted, O.S. No.497 of 2004 seeking partition and separate possession of their lawful shares in the suit schedule properties and instituted O.S. No.526 of 2004 seeking permanent injunction restraining the defendants from alienating or encumbering the properties and from dealing with the bank deposits and movables to the prejudice of the plaintiffs’ rights.

3.The plaintiffs pleaded that the first plaintiff Vasantha was the legally wedded wife of late M. Damodaran and that plaintiffs 2 to 5 were born through the said lawful wedlock solemnised in the year 1971 according to Hindu rites and customs. During the subsistence of the said marriage, Damodaran developed intimacy with the first defendant Anusuya and defendants 2 to 5 were born through such relationship. According to the plaintiffs, no valid marriage was ever solemnised between Damodaran and the first defendant and therefore de