B. K. SOMASEKHARA, J.

( 1 ) THIS appeal assails the Judgment of the learned II Additional District Judge, visakhapatnam in A. S. No. 39 of 1982 dated 17-4-1989 allowing the appeal which was preferred against the Judgment and decree passed by the learned additional District Munsif, Anakapalli in O. S. No. 305 of 1979 dated 19-12-1981.

( 2 ) THE appellant was the plaintiff in the suit who got a decree. The respondent herein was the 1st defendant in the suit whereas the second defendant in the suit who filed written statement and did not pursue the case was not impleaded as a party in the appeal in A. S. No. 39/82 and also in this appeal. The parties will be referred to as the plaintiff and the 1st defendant regarding the status they occupied in the suit and that serves the convenience.

( 3 ) THE plaintiff filed the suit for declaration that he is the owner of the suit lands and for permanent injunction restraining the defendants from interfering with his possession of the same, for costs and such other reliefs as the Court may deem fit in the nature of the case.

( 4 ) THE suit lands as described in the plaint schedule are S. Nos. 121/21 with an extent of 0-80 cents and 70/20 with an e

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