ERAMMA Vs. KRISHNAPPA

JUDGEMENT

(1.) THE plaintiff as well as the defendant are before this Court in these two appeals. RSA No. 445/2011 is filed by the plaintiff while RSA No. 482/2011 is filed by the defendant.

(2.) THE parties would be referred to in the same rank as assigned to them before the trial Court for the purpose of convenience and clarity.

(3.) THE defendant claiming to be aggrieved by the said judgment dated 03.01.2009 passed in the suit was before the Lower Appellate Court in R.A. No. 14/2009. The Lower Appellate Court allowed the appeal in part and set aside the judgment and decree of the trial Court insofar as granting one fifth share to the plaintiff in the suit property. The cross appeal of the respondent was also dismissed. Ultimately, the Lower Appellate Court decreed the suit only to the extent of grant of permanent injunction against the defendant from dispossessing or causing interference to the peaceful possession of the plaintiff over the suit schedule property. It is in that view, both the plaintiff and the defendant are before this Court.