( 1 ) THIS Second Appeal is filed under Section 100 of the Code of Civil procedure being aggrieved by a Judgment and Decree dated 27-4-2004 made in A. S. No. 192 of 2002 on the file of the learned additional District Judge (Fast Track Court) at Guntur, wherein the Judgment and Decree dated 9-9-2002 made in O. S. 860 oi 1997 on the file of the learned II Additional senior Civil Judge, Guntur, dismissing the suit, was reversed.

( 2 ) THE appellant is the defendant. Respondent No. 1 is the plaintiff (since died and respondents 2 to 5 were brought on record as his legal representatives), who filed the suit in O. S. No. 860 of 1997 seeking permanent injunction restraining the defendant and his men from interfering with his peaceful possession and enjoyment of the plaint schedule property. The parties are bereinatter referred to as they are arrayed in the suit.

( 3 ) IT is Ihe case of the original plaintiff that out of the suit schedule property of 248 square yards, his father purchased 225 square yards under a registered sale deed dated 25-2-1936 from one Sakala mutyam. Himself along with his brother were owning the property adjoining from north to south and a partition was effected bet

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