RAJAPUNNISA Vs. MEHARAJAN BEGUM

JUDGEMENT

(1.) Second Appeal is filed under Section 100 of C.P.C against the judgment and decree dated 20.02.2015 made in A.S.No.445 of 2008 on the file of XVIII Additional City Civil Court, Chennai confirming the judgment and decree dated 29.01.2018 made in O.S.No.339 of 2003 on the file of XIV Assistant City Civil Court, Chennai.

(2.) The appellant is plaintiff in O.S.No.339 of 2003 on the file of XIV Assistant City Civil Court, Chennai and appellant in A.S.No.445 of 2008 on the file of XVIII Additional City Civil Court, Chennai. The respondents are defendants in O.S.No.339 of 2003 and respondents in A.S.No.445 of 2008. The appellant filed said suit for declaration of title and permanent injunction restraining the respondents from in any way interfering with the possession and enjoyment of the property. After contest, the suit was decreed for declaration of title and dismissed for relief of injunction. The appellant filed A.S.No.445 of 2008, challenging the judgment rejecting the relief of injunction. The said appeal was dismissed, against which the present Second Appeal.

(3.) The second respondent filed cross appeal in the first appeal filed by the appellant. The second respondent also filed A.S.No.165 of 2010, challenging the Judgment and Decree in O.S.No.339 of 200 Both the appeals viz., A.S.Nos.445 of 2008 and 165 of 2010 filed by the appellant and second respondent and the cross appeal filed by the second respondent were dismissed. The learned First Appellate Judge confirmed the decree of declaration granted by the Trial Court.