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1996 Supreme(AP) 768

B.K.SOMASEKHARA
M. Harichandra Prasad – Appellant
Versus
Chitturi Krishnamurthy – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THESE two Appeals are directed against the common Judgment in AS. Nos. 34/78 and 35/78 dated 3-8-1987 of the learned Subordinate Judge, tanuku. They were the matters before the learned Subordinate Judge arising out of the common Judgment of the learned Principal District Munsif, Tanuku in OS. Nos. 341/68 and 195/74 dated 8-3-1978. OS. 341/68 was for permanent injunction restraining the defendants from interfering with the raising of the height of 14" wall and constructed to the west of FG wall and the raising of the height of the old wall and the newly added wall as consolidated in the line GH as shown in the plaint plan. OS. No. 195/74 was the suit by the same plaintiff for a mandatory injunction directing the defendants to cut away the tree together with its roots and alternatively to declare that the wall HJV shown in the plaint plan belongs to the plaintiff and for a consequential relief of permanent injunction restraining the defendants from interfering with the plaintiff in cutting away the said tree. The suits were decreed as follows with the observations:"os. No. 341/68: The suit is decreed in favour of the plaintiff and against the defendants for


















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