VAENDA Vs. D G NARASIMHAN

JUDGEMENT

(1.) THIS second appeal is filed against the judgment and decree dated 18.09.2007 made in A.S.No,62 of 2006 on the file of the Sub Court, Ranipet, confirming the judgment and decree dated 30.12.2005 made in O.S.No.144 of 2004 on the file of the District Munsif Court, Sholinghur.) THIS second appeal is focussed by the original defendants 5 to 10, animadverting upon the judgment and decree dated 18.09.2007 passed in A.S.No,62 of 2006 by the Sub Court, Ranipet, confirming the judgment and decree of the trial Court, namely, District Munsif Court, Sholinghur, in O.S.No.144 of 2004. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

(2.) A summation and summarisation of relevant facts which are absolutely necessary and germane for the disposal of this Second Appeal would run thus: The plaintiff/respondent filed the suit O.S.No.144 of 2004 as against the defendants for recovery of possession. The defendants entered appearance and D6, D7 and D9 filed the written statement resisting the suit.

(3.) WHETHER the Courts below are justified in not framing necessary issues regarding the character of possession and the applicability of the Article 65 of the Limitation Act and the finding given without giving opportunity to the appellant-