SA.(MD).Nos.108 to 110 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 10.03.2022

DELIVERED ON : 04 .07.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

S.A.(MD).Nos.108, 109 and 110 of 2021

and CMP(MD).No. 1765, 1766 and 1767 of 2021

M.Padma

...Appellant/Appellant

/Plaintiff in SA.No.108 of 2021

...Appellant/Respondent

/Defendant in SA.No.109 of 2021

..Appellant/Respondent

/Plaintiff in SA.No.110 of 2021

Vs

V.Veeramani

...Respondent/Respondent

/Defendant in SA.No.108 of 2021

...Respondent/Appellant

/Plaintiff in SA.No.109 of 2021

..Respondent/Appellant

/Defendant in SA.No.110 of 2021

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https://www.mhc.tn.gov.in/judis

SA.(MD).Nos.108 to 110 of 2021

PRAYER in SA(MD).No.108 of 2021: Second Appeal is filed under

Section 100 of Civil Procedure Code, to set aside the judgment and

decree passed in A.S.No.56 of 2018 dated 06.11.2019 on the file of the

Principal District Court, Tirunelveli confirming the judgment and decree

passed by the Additional Subordinate Court, Tirunelveli in O.S.No.158

of 2013 dated 24.08.2017 and to allow the second appeal.

PRAYER in SA(MD).No.109 of 2021: Second Appeal is filed under

Section 100 of Civil Procedure Code, to set aside the judgment and

decree passed in A.S.No.6 of 2018 dated 06.11.2019 on the file of the

Principal District Court, Tirunelveli reversing the judgment and decree

passed by the Additional Subordinate Court, Tirunelveli in O.S.No.238

of 2010 dated 24.08.2017 and to allow the second appeal.

PRAYER in SA(MD).No.110 of 2021: Second Appeal is filed under

Section 100 of Civil Procedure Code, to set aside the judgment and

decree passed in A.S.No.7 of 2018 dated 06.11.2019 on the file of the

Principal District Court, Tirunelveli reversing the judgment and decree

passed by the Additional Subordinate Court, Tirunelveli in O.S.No.240

of 2013 dated 24.08.2017.

(In all the appeals)

For Appellant : Mr.Veera Kathiravan

Senior Counsel

For M/s.Veera Associates

For Respondent

: Mr.V.Meenakshi Sundaram

For Mr.D.Nallathambi

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SA.(MD).Nos.108 to 110 of 2021

COMMON JUDGMENT

S.A(MD).No.108 of 2021:

The plaintiff is the appellant.

2.The plaintiff had filed O.S.No.158 of 2013 before the Additional

Subordinate Court, Tirunelveli for the relief of specific performance of

an agreement dated 21.03.2001 said to have been executed by the

defendant. The trial Court dismissed the suit. The plaintiff had filed

A.S.No.56 of 2018 before the Principal District Court, Tirunelveli. The

learned District Judge concurred with the findings of the trial Court and

dismissed the appeal. As against the concurrent findings, the present

second appeal has been filed by the plaintiff.

S.A(MD).No.109 of 2021

3.The defendant is the appellant.

4.The plaintiff had filed O.S.No.238 of 2010 before the Additional

Subordinate Court, Tirunelveli for the relief of declaration of title and for

recovery of possession. The said suit was dismissed by the trial Court.

The plaintiff had filed A.S.No.6 of 2018 before the Principal District

Court, Tirunelveli. The learned District Judge was pleased to allow the

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SA.(MD).Nos.108 to 110 of 2021

appeal and decreed the suit. As against the same, the defendant had filed

the above second appeal.

S.A(MD).No.110 of 2021:

5.The plaintiff is the appellant.

6.The plaintiff had filed O.S.No.240 of 2013 before the Additional

Subordinate Court, Tirunelveli for the relief of permanent injunction

restraining the defendant from disturbing the plaintiff's peaceful

possession and enjoyment of the suit schedule property. The suit was

decreed by the trial Court. The defendant had filed A.S.No.7 of 2018

before the Principal District Court, Tirunelveli. The learned District

Judge was pleased to reverse the judgment and decree of the trial Court

and dismissed the suit. As against the same, the pl