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2003 Supreme(AP) 288

P.S.NARAYANA
RAJABATHULA SURYANARAYANA – Appellant
Versus
Yedukula Lakshml – Respondent


P. S. NARAYANA, J.

( 1 ) HEARD Sri Ramchander Rao, counsel representing the appellants and Sri Ram mohan, Counsel representing the respondents.

( 2 ) THE unsuccessful plaintiffs in both the Courts below are the appellants in the present Second Appeal. The parties are referred to as plaintiffs and defendants as arrayed in the trial Court for the purpose of convenience. The appellants/plaintiffs instituted the suit O. S. No. 124/81 on the file of Principal District Munsif, Peddapuram for declaration of their right to take water from S. No. 310/8 tumu to their lands through S. M. Bodi, for a mandatory injunction directing the respondents/ defendants to restore S. M. Bodi to its original position of a width of 2 feet excluding bonds on either side and a depth of three feet, or permanent injunction restraining the defendants and their men from interfering with the said S. M. Bodi and from obstructing the plaintiffs and their men from taking water from S. No. 310/8 tank through s. M. Channel or bodi to the plaintiffs land, and to recover damages and for costs of the suit. The trial Court on the strength of the respective pleadings of the parties had settled certain Issues and had recorde









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