Noorjahan vs Nalla Malla Reddy
2021 Latest Caselaw 647 Tel

     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

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

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