( 1 ) THE Second Appeal arises out of the judgment and decree of the court of the learned Principal Senior Civil Judge, srikakulam in A. S. No. 11 of 1997. The lower appellate court had reversed the judgment of the court of learned District Munsif, narasannapeta, in O. S. No. 31 of 1992.

( 2 ) THE appellants herein filed the suit against the respondent and his son for the relief of declaration that the wall in between them is common to both the parties and that the latter be restrained from making any constructions using the said wall as base, and from interfering with the right of the appellants to rest the vennupatti on the joint wall (the last part of the relief was claimed as one for mandatory injunction ). The 2nd defendant died during the pendency of the suit. Therefore, the suit was treated as abated against him through an endorsement dated 19-1-1993. The trial court decreed the suit through its judgment dated 13-9-1996. Aggrieved thereby, the respondent herein filed the appeal. He canvassed several grounds touching on the merits as well as the one relating to the alleged abatement of the suit consequent on the death of his son. The lower appellate court rejected the conte

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