THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
I.A.Nos.1 of 2018 and 1 of 2021
in/and
SECOND APPEAL No. 47 OF 2021
JUDGMENT:
The appellant herein filed O.S.No.271 of 2008 in the Court of III Additional Junior Civil Judge, Ranga Reddy District for the relief of perpetual injunction against the respondent. The trial Court dismissed the said suit vide judgment dated 31.08.2010 as the appellant failed to prove her possession over the suit schedule property. Aggrieved by the same, the appellant filed A.S.No.341 of 2010 and the learned XIV Additional District & Sessions Judge, Ranga Reddy at L.B.Nagar, dismissed the same vide judgment dated 02.11.2016 confirming the judgment of the trial Court. Challenging the same, the appellant filed the present Second Appeal.
A perusal of the judgments rendered by both the Courts below discloses that the appellant is not in possession of the suit schedule property. In view of the same, no useful purpose would be served in issuing notice to the respondent in I.A.Nos.1 of 2018 and 1 of 2021 filed for condonation of delay in re-presentation and filing of the Appeal.
The learned counsel for the appellant submits that though the appellant became the owner of the suit schedule property having purchased the same under a registered sale deed, the Courts below 2 dismissed the suit as well as the appeal and therefore, she would be remediless.
As it is settled that the dismissal of injunction suit does not disentitle a person to seek declaratory relief and recovery of possession in accordance with law, the submission of the learned counsel for the appellant is misplaced.
It may be noted that the delay in re-presentation of the Second Appeal is enormous. In view of the same, I.A.Nos.1 of 2018 and 1 of 2021 are dismissed. Consequently, the Second Appeal is dismissed.
Miscellaneous petitions, if any, pending shall also stand dismissed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J Dt:02.03.2021 kdl