S DHANALAKSHMI Vs. M K SATYANARAYANA RAO

JUDGEMENT

(1.) Civil Miscellaneous Petition filed to amend the defect in the decree dated 14.2.2002 in L.P.A No.3 of 1998 in accordance with the judgment thereby enabling the petitioner to execute the same for recovery of possession of the property in O.S No.5728 of 1981 on the file of the V Assistant City Civil Court, Chennai. The petitioner filed a suit in O.S No.5726 of 1981 on the file of the V Assistant City Civil Court, Chennai for a declaration of the title to the suit property and for delivery of vacant possession after removing the superstructure.

(2.) The respondent herein resisted the suit. The suit was dismissed on 23.3.1984. The respondent filed a suit and the same was decreed in his favour. The appeal preferred by the petitioner in A.S No.111 of 1985 on the file of this Court and a Transfer Appeal No 163 of 1987 were taken up together before this Court and by a common judgment both appeals were dismissed. Against which Letters Patent Appeal in 3 and 4 of 1998 were preferred by the petitioner.

(3.) By a common judgment dated 14.3.2002 both letters patent appeals were allowed. A decree in LAP No.3 of 1998 was also drafted and issued to the petitioner. The respondent preferred an appeal before the Hon'ble Supreme Court in Civil Appeal No.2078 and 2079 of 2003 on 29.3.2011 and the appeals were also dismissed by the Apex Court. Thus the decree and judgment in L.P.A.No.3 of 1998 has become final.