LAKSHMIAMMAL Vs. NAGAVALLI

JUDGEMENT

(1.) Aggrieved over the concurrent findings of the Courts below, dismissing the suit for recovery of possession in respect of first item of the suit property and declaration in respect of second and third item of the suit property, the present second appeal is filed.

(2.) The application filed by the appellants in C.M.P.(MD)No.716 of 2017 for withdrawal of the suit with liberty to file a fresh suit, was dismissed. It is the contention of the learned counsel for the appellants that the Courts below has not considered the documentary evidence. Therefore, the second appeal has to be decided on merits. However, the learned counsel for the appellants submitted that if the Court comes to the conclusion that only the suit is maintainable for partition, he is ready to file a partition suit also.

(3.) The parties are referred to as per their rank before the trial Court.