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2019 Supreme(SC) 400

A.M.SAPRE, DINESH MAHESHWARI
T. Ramalingeswara Rao (Dead) Thr. LRs. – Appellant
Versus
N. Madhava Rao – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Byrapaneni Suyodhan,Adv. Mr. M.Rajesh,Adv. Ms. Tatini Basu, AOR
For Respondent(s): Mr. K.Maruthi Rao,Adv. Mrs. Anjani Aiyagari, AOR Mr. Aniruddha P. Mayee, AOR Mr. K.Subba Rao,Adv. Mr. A.Selvin Raja,Adv. Ms. K. V. Bharathi Upadhyaya, AOR

JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 23.11.2010 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Second Appeal No.1036 of 2006 whereby the High Court allowed the second appeal filed by respondent Nos.1 to 3 herein.

3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.

4. The appellants herein are defendant Nos.1 and 2, respondent Nos.13 herein are the plaintiffs and respondent Nos.59 are the defendant Nos.48 of the civil suit out of which this appeal arises.

5. Respondent Nos.13 (plaintiffs) filed a civil suit against the appellants (defendant Nos.1 and 2) and respondent Nos.5 to 9 (defendant Nos.4 to 8) seeking perpetual injunction against the defendants restraining them from interfering in his peaceful possession over the suit properties.

6. The appellants (defendant Nos.1 and 2) contested the suit whereas the remaining defendants (4 to 8) remained ex parte. The Trial Court by judgment/decree dated 20.08.2001 dismissed the suit. Respondent Nos.13 (plaintiffs) felt aggrieved and filed first appeal before the Additional District & Sessio
















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