Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Judgment of a learned Single Judge of the High Court of Andhra Pradesh at Hyderabad allowing the second appeal filed by the respondent under Section 100 of the Code of Civil Procedure, 1908 (in short ‘CPC’).

3.Factual background in a nutshell is as follows :

The appellant-plaintiff filed O.S. No.78 of 1990 before the Sub-Court, Ramachandrapuram, East Godavari District, Andhra Pradesh against the respondent-defendant. The Trial Court by the Judgment and Order dated 27.06.1995 held that the plaintiffs are the owners of the schedule property and they being the owners of the schedule property are entitled to possession. Aggrieved by the Judgment and decree of the Trial court, the respondent-defendant preferred an appeal in the Court of Additional District Judge, Rajahmundry, EastGodavari District. By Judgment and Order dated 14.06.2001, the first appellate court confirmed the Trial Court’s Judgment. The respondent-defendant preferred a second appeal under Section 100 C.P.C. before the High Court of Andhra Pradesh at Hyderabad, being Second Appeal No.512 of 2001. By the impugned Judgment, the learned Sing