LIZIE RAJ Vs. DELILAH LOUIS AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No.50 of 2006 on the file of the learned District Munsif, Kothagiri is the appellant herein. The respondents are the defendants in the said suit. The plaintiff had filed the suit in respect of three schedules of properties, namely, ''A'', ''B'' and ''C'' schedules. So far as the ''C'' schedule property is concerned, the plaintiff had prayed for a decree to direct the defendants to remove the fence put up in the ''C'' schedule property in front of ''A'' and ''B'' schedule properties and in respect of ''A'' and ''B'' schedule properties, the plaintiff had prayed for permanent injunction to restrain the defendants from in any manner interfering with her peaceful possession and enjoyment of the same. By decree and judgment dated 28.04.2010, the trial court dismissed the suit. As against the same, the appellant filed an appeal in A.S. No.18 of 2011 on the file of the learned Subordinate Judge, The Nilgiris at Uthagamandalam. The lower appellate court by decree and judgment dated 12.12.2011 reversed the decree and judgment of the lower appellate court in part, inasmuch as the lower appellate court granted decree for permanent injunction in respect of ''A'' Schedule property alone and confirmed the decree and judgment of the trial court in dismissing the suit in respect of ''B'' and ''C'' schedule properties. As against the said decree and judgment of the lower appellate court denying permanent injunction in respect of ''B'' and ''C'' schedule properties, the plaintiff is before this Court with this Second Appeal.

(2.) THIS Second Appeal, after repeated adjournments taken by the parties, has come up before me for admission. I have heard the learned Counsel for the appellant and the learned Counsel for the respondents. I have also perused the records carefully.

(3.) IN the written statement, the 2nd defendant denied the title of the plaintiff in respect of ''A'' and ''B'' schedule properties and the 2nd defendant further pleaded that the ''C'' schedule property absolutely belongs to her and her family members over which the plaintiff has got no right whatsoever.