Madras High CourtSA/909/2009dismissed

Jayalakshmi v. Kaliyaperumal

2020-12-17Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2020

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Second Appeal No.909 of 2009 and M.P.No.1 of 2009 Jayalakshmi .. Appellant /Plaintiff /versus/ Kaliyaperumal .. Respondent/Defendant Prayer:

Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 13.03.2007 made in A.S.No.197 of 2006 on the file of the Principal District Judge at Pondicherry, confirming the suit in O.S.No.124 of 1998 on the file of the Addl. Subordinate Judge, Pondicherry dated 21.12.1999.

For Appellant : No appearance For Respondent : No Appearance

J U D G M E N T

(This case has been heard through Video Conferencing) The second appeal is filed against the concurrent findings of the courts below. The suit filed by the appellant herein for declaration of his title and recovery of vacant possession was rejected by the courts below.

2. When the matter was taken up for final hearing on 22.07.2020, the learned counsel for the appellant sought time and thereafter, the matter been adjourned to 24.08.2020, 12.10.2020, 09.11.2020 and today (17.12.2020). For many of these adjourned dates, there was no representation. 3.The claim of the plaintiff/appellant herein found to be false and title claimed by the plaintiff not proved through adequate whereas the respondent/defendant had proved the uninterrupted continuous possession of the property for more than 20 years and the respondent has prescribed the title. https://hcservices.ecourts.gov.in/hcservices/

4. In the light of the above facts, there is no merit in the second appeal. Though there is no assistance from the counsel, on perusing the records, this Court finds no substantial question of law to formulate and decide. Hence, the second appeal is dismissed. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar Vri To:

1.The Principal District Judge, Pondicherry.

2.The Additional Sub Judge, Pondicherry.

S.A.No.909 of 2009 VG II(CO) CB(19/08/2021) https://hcservices.ecourts.gov.in/hcservices/