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1995 Supreme(AP) 11

B.SUBHASHAN REDDY
D. SHANKER – Appellant
Versus
ANANTA LAXMI – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THESE two second appeals have been filed against the common judgment rendered in A. S. Nos. lll and 132 of 1988 on the file of the Court of the additional Chief Judge, City Civil Court, Hyderabad. Second Appeal No. 551 of 1992 arises out of A. S. No. lll of 1988 while second appeal No. 552 of 1992 arises out of A. S. No. 132 of 1988. The appellants are the defendants in O. S. No. 534 of 1981 while they are the plaintiffs in O. S. No. 369 of 1981. The respondent had laid o. S. No. 534 of 1981 for a mandatory injunction to remove the illegal and unauthorised constructions made by demolishing a part of the common wall on the northern side in between the two houses owned by the appellants and the respondent respectively. As a counter blast O. S. No. 369 of 1981 was instituted by the appellants seeking the relief of mandatory injunction against the respondent to dismantle the roof laid by her. Earlier, a suit in O. S. No. 4381 of 1980 was laid by the respondent against the father of the appellants herein and also the Municipal Corporation but the relief became infructuous as in spite of the injunction order granted therein, the appellants went ahead with the




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