K KADIRAMMA Vs. K DASAPPA

JUDGEMENT

(1.) The appellant herein was the second plaintiff and the respondents herein were the defendants in O.S. No.49 of 1993 which was pending on the file of the Principal District Munsif, Madanapalle. The appellant herein along with her father instituted the above suit in the Court of the Prl. District Munsif, Madanapalle against the respondents herein. The suit was filed for permanent injunction. On evidence, the learned trial Judge dismissed the suit. Aggrieved by the judgment and decree passed in O.S. No.49 of 1993, the plaintiffs carried the matter in appeal by filing A.S. No.132 of 1997 in the Court of the Additional District Judge, Madanapalle. The learned Judge dismissed the appeal and confirmed the decree and judgment passed by the trial Judge. Aggrieved by the judgment and decree passed in A.S. No.132/97, the appellant herein has preferred the Second Appeal before this Court.

(2.) Initially there were two plaintiffs. The 1st plaintiff, who was the father of the 2nd plaintiff, died during the pendency of the first appeal. She being the sole heir, the appeal was prosecuted by her.

(3.) On presentation of the appeal, notice was issued to the respondents. First respondent herein was served but no appearance was put in. Notice was issued to the 2nd respondent on the address given in the suit itself but it was returned with an endorsement by the postal authorities to the effect that "no such person is living in the said village" and therefore, the appeal is proceeded in the absence of the respondents.