Damma Laxmi vs Nerella Thirumal Goud
2021 Latest Caselaw 1306 Tel

  THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

               SECOND APPEAL No. 85 of 2021

JUDGMENT:

Respondent herein filed O.S.No.112 of 2012 against

appellant in the Court of Junior Civil Judge, Vemulawada, for

grant of perpetual injunction. In the said suit, after filing vakalat

and written statement, the appellant/defendant failed to

participate in the suit proceedings and failed to cross-examine the

witnesses produced by the respondent/plaintiff. When the

appellant's right to cross-examine the witnesses as well as right

to lead the evidence was forfeited, she filed I.A.Nos.81 and 82 of

2017 seeking to allow her to participate in the suit proceedings,

but, the said I.A.s came to be dismissed. The appellant allowed

them the said orders to become final. The trial Court having

given ample opportunity to the appellant to adduce evidence and

to disprove the case of the respondent, the appellant had not

availed the same. In view of the same, the trial Court decreed the

suit vide judgment dated 07.04.2017, against which, the appellant

filed A.S.No.25 of 2019 though she had ample opportunity to

invoke the provisions of Order XXXXI Rules 23, 23-A, 24 and

25 CPC. The lower appellate Court having gone through the

material on record, did not find any reason to interfere with the

judgment of granting injunction in the suit, thereby, dismissed the CKR, J

said A.S. vide judgment dated 23.02.2021. Hence, this Second

Appeal.

Though learned counsel for the appellant submits that on

account of dismissal of the suit and confirmation of the same in

the appeal, the appellant would be put to irreparable loss and

deprived of the property, as per the settled law, decreeing of the

injunction suit would not bar the appellant/defendant to protect

her right, if any, by initiating appropriate proceedings.

In those circumstances, this Court is of the opinion that no

question of law, much less, any substantial question of law would

arise in this Second Appeal.

Accordingly, this Second Appeal is dismissed.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 22nd APRIL, 2021.

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