- (1.)S.A.No.181 of 2013 has been filed by the plaintiff against the judgment and decree passed by the First Additional District Judge, Erode in A.S.No.91 of 2011 dtd. 31/7/2012 reversing the judgment and decree passed by the Second Additional Sub Judge, Erode in O.S.No.330 of 2008 dtd. 26/9/2011.
(2.)S.A.No.182 of 2013 also has been filed by the plaintiff against the judgment and decree passed by the First Additional District Judge, Erode in A.S.No.92 of 2011 dtd. 31/7/2012 reversing the judgment and decree passed by the Second Additional Sub Judge, Erode in counter claim filed in O.S.No.330 of 2008 dtd. 26/9/2011.
(3.)The appellant herein had filed a suit in OS.No.330 of 2018 on the file of the Second Additional Sub Judge, Erode to divide the suit properties into three equal shares and allot one such share to him. The first defendant had filed written statement along with counter claim to declare that she is the absolute owner of the suit properties and for permanent injunction to restrain the plaintiff and the second defendant, their men, agents etc from interfering with her peaceful possession and enjoyment of the suit properties. The learned Second Additional Sub Judge, Erode by the judgment dtd. 26/9/2011 had passed a preliminary decree to divide the suit properties in to three equal shares and allot one such share to the plaintiff. However, she dismissed the counter claim. Aggrieved by the granting of preliminary decree for partition, the first defendant had filed an appeal in A.S.No.91 of 2011 and against the dismissal of her counter claim, she filed an appeal in AS.No.92 of 2011 on the file of the First Additional District Judge, Erode. The learned Additional District Judge, Erode by the common judgment dtd. 31/7/2012 had allowed both the appeals and dismissed the suit. However, he allowed the counter claim and granted decree for declaration and permanent injunction as prayed for. Feeling aggrieved, the plaintiff has filed the present second appeals.