PADMAVATHI Vs. R SHYAM SAI SUNDAR

JUDGEMENT

(1.) THE arguments advanced by Mr.D.Rajkumar, learned counsel for the appellant and Mr.S.Sivathilakar, learned counsel for the respondents 1 to 3/Caveators are heard.

(2.) PADMAVATHI , who figured as the third defendant in the Original Suit in O.S.No.368 of 2006, on the file of the District Munsif Court, Theni is the appellant herein. The said suit was filed by the respondents 1 to 3/Plaintiffs against one Ponniah(since deceased), Palaniyandi(the fourth respondent herein) and Padmavathi, the appellant herein arraying them as Defendants 1 to 3 respectively, for declaration that the respondents 1 to 3 herein /Plaintiffs in the suit were the absolute owners of the suit property and for perpetual injunction against the appellant and other respondents not to disturb their peaceful possession and enjoyment of the suit property. The learned District Munsif, Theni decreed the suit as prayed for, by his judgement and decree dated 21.09.2007. On appeal, the learned Sub -ordinate Judge, Theni (Lower Appellate Judge) confirmed the said decree of the trial Court and dismissed the appeal filed before the Lower Appellate Court, namely A.S.No.160 of 2008, by judgement and decree dated 25.08.2010.

(3.) THE said Appeal Suit A.S.No.160 of 2008 was filed by Ponniah, who was the first defendant in the Original Suit and Padmavathi(D3), the present appellant, who claimed to have purchased a portion of the suit property from the said Ponniah. Before the Lower Appellate Court Palaniyandi was shown as the fourth respondent in the said appeal.