MARIMUTHU Vs. R.NALLATHAMBI

JUDGEMENT

(1.) The petitioner / plaintiff filed O.S.No.847 of 2004 on the file of the Principal District Munsif Court, Srivilliputtur for the reliefs of declaration and permanent injunction, wherein the respondents herein have been shown as defendants. The Trial Court decreed the suit in respect of the relief of declaration and dismissed the suit in respect of the relief of permanent injunction. Against which, the first respondent herein filed A.S.No.75 of 2010 before the Additional Sub Court, Srivilliputtur. The petitioner also filed a cross appeal against the same with a delay of 1903 days. The first appellate Court has dismissed the said petition. Aggrieved over the same, the petitioner has filed this revision petition.

(2.) The learned counsel appearing for the petitioner would submit that against the Judgment passed by the Trial Court, the first respondent herein filed A.S.No.75 of 2010, wherein notice was also issued to the petitioner herein. Since the petitioner came to know that the first respondent is questioning the petitioner's enjoyment, after discussion with his Advocate, he has preferred cross appeal with a delay of 1903 days. But, the first appellate Court has erroneously dismissed the petition. Therefore, the same is liable to be set aside.

(3.) The learned counsel appearing for the petitioner has also drawn the attention of this Court to the decision of the Hon'ble Supreme Court in Mahadev Govind Gharge and Others v. Special Land Acquisition Officer, Upper Krishna Project, Jamkhandi, Karnataka reported in (2011)6 SCC 321.