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1999 Supreme(AP) 7

A.HANUMANTHU
NEERUKATHU ANKANNA – Appellant
Versus
YADAGIMATHUM NAGARAJU – Respondent


A. HANUMANTHU, J.

( 1 ) THIS is a defendants appeal against the reversing judgment of the lower appellate Court i. e. , Subordinate Judge, Nandyal, in A. S. No. 28 of 1983, dated 22-1-1990.

( 2 ) FOR the sake of convenience, the parties are being referred herein as they are arrayed in the suit O. S. No. 444 of 1980 on the file of the Principal District munsif, Nandyal in Kurnool District.

( 3 ) THE respondent-plaintiff filed the said suit seeking the reliefs of (i) declaration of plaintiff s title to the suit site; (ii) for permanent injunction restraining the defendants and their men from trespassing into the suit site and making any constructions thereon or in any manner interfering with the plaintiff s peaceful possession and enjoyment of the said site; and (iii) for mandatory injunction directing the defendants to remove the walls and other superstructures made on the suit site.

( 4 ) THE suit site consists of the open site marked as A, B, C, D and X in the plaint plan situated in Panyam village within specific boundaries and it is an house site. As per the averments in the plaint the suit site is the ancestral property of the plaintiff and his father. There used to be a dilapi




















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