P SAROJAMMA Vs. S PAPA SAHEB

JUDGEMENT

(1.) The unsuccessful Plaintiff in O.S. No. 946 of 2002 in the Court of the IV Additional Junior Civil Judge, Kadapa is the Appellant herein. She filed the suit for the relief of perpetual injunction to restrain the Respondent herein from using 'A B C D lane/passage' shown in the plaint plan. She pleaded that the property adjoining to the passage was purchased by her in the year 1968 and thereafter she constructed a house in the year 1984 and fixed a gate opening to the lane. She further pleaded that the said passage is the only access for her to the main road and there was absolutely no justification for the Respondent to obstruct her access. It was further pleaded that she filed a suit against the Municipality, Kadapa, when attempts were made to interfere with the passage and the same was decreed.

(2.) Respondent filed written statement stating that the Appellant has no right vis-?-vis the passage and that it exclusively belongs to him.

(3.) The trial Court dismissed the suit through its judgment dated 20-02-2006. It was observed that the Appellant did not get any right of prescription. Thereupon, she filed A.S. No. 49 of 2006 before the Court of VI Additional District Judge, Kadapa. The appeal was dismissed on 12-08-2009. Hence, this Second Appeal.