This matter is listed for admission and I have heard the

learned counsel for the appellant.

2.

This appeal is filed against the judgment and

decree dated 04.04.2017 passed in R.A.No.12/2016 on the file

of the Senior Civil Judge and JMFC, Kollegala, dismissing the

appeal and confirming the judgment and decree dated

19.12.2015 passed in O.S.No.53/2009 on the file of the

Additional Civil Judge and JMFC, Kollegala.

3.

The appellant-plaintiff has filed the suit for the relief

of declaration of possessory rights and consequential relief of

permanent injunction restraining the defendant from interfering

with the peaceful possession of the plaintiff over the suit

schedule property.

4.

The defendant appeared and filed the written

statement before the Trial Court and the Trial Court having

considering both oral and documentary evidence i.e., the

evidence of P.Ws.1 and 2 and D.W.1 and Exs.P1 to 44,

considered the matter on merits and comes to the conclusion

that, earlier the plaintiff had also filed the suit for the relief of

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permanent injunction and not proved the possession and

hence, the suit was dismissed. Against the said judgment, he

also filed the appeal before the Senior