KAMLABAI SURESH KHADSE Vs. TUKARAM RAJARAM INGOLE

JUDGEMENT

(1.) The challenge in the present second appeal is to the judgment dated 17.09.2011 passed by the lower appellate Court dismissing the appeal filed by the present appellant.

(2.) The present appellant had filed Regular Civil Suit No. 267 of 1999 in which a decree for perpetual injunction was sought. Similarly, the present respondents had filed Regular Civil Suit No. 54 of 1999 in which also decree for permanent injunction was sought. Both the suits were in relation to the same property. Hence, both the suits were consolidated and common evidence was recorded by the trial Court. By judgment dated 30.03.2002 the trial Court dismissed Regular Civil Suit No. 267 of 1999 and decreed Regular Civil Suit No. 54 of 1999.

(3.) The present appellant being aggrieved by the dismissal of her suit (Regular Civil Suit No. 267 of 1999) preferred Regular Civil Appeal No. 134 of 2002. The decree passed in Regular Civil Suit No. 54 of 1999 against the appellant was not challenged. The lower appellate Court by relying upon the decision of the Supreme Court in Premier Tyres Limited Vs. Kerala State Road Transport Corporation A. I. R. 1993 Supreme Court 1202, dismissed the appeal on the ground that there was no challenge to that part of the common judgment decreeing the suit in favour of the respondent.