SELLAMMAL Vs. CHITHANATHAN

JUDGEMENT

(1.) Captioned second appeal arises out of a lis which is more than half a decade old as the original suit being O.S.No.138 of 2015 was presented in the 'District Munsifs Court, Rasipuram' (hereinafter 'trial Court' for the sake of brevity) on 15/9/2015.

(2.) The suit was filed by the appellant in captioned second appeal (as lone plaintiff) against three defendants (three respondents in captioned second appeal) seeking a declaration of easement by grant qua 'A B C D E' cart track appended to the plaint. For ease of reference and for better appreciation of this judgment, this Court deems it appropriate to scan and reproduce the sketch and the same is as follows

(3.) In the aforementioned sketch, the property shown as(p) is plaintiff's property and property shown as D is defendants' property. The track shown as 'ABCDE' is the cart track in which declaration of easementary right by grant is claimed by the plaintiff. After full contest, trial Court dismissed the suit in and by decree dtd. 2/1/2019. Plaintiff carried the matter in appeal by way of a regular first appeal under Sec. 96 of 'The Code of Civil Procedure, 1908' ('CPC' for the sake of brevity) vide A.S.No.18 of 2019 on the file of 'Subordinate Judge's Court, Rasipuram' ('first Appellate Court' for the sake of brevity) and first Appellate, Court, after full contest, vide judgment and decree dtd. 16/3/2020 dismissed the appeal confirming the decree of the trial Court non-suiting the plaintiff. The plaintiff, who has been non-suited concurrently by the trial Court and the first Appellate Court, is now before this second appeal Court vide the captioned second appeal, which is obviously under Sec. 100 CPC.