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1995 Supreme(AP) 808

B.SUBHASHAN REDDY
Shaik Peda Adam – Appellant
Versus
Shaik Adam – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS revision petition is directed against the Order dated 21-9-1992 allowing the amendment petition of the plaintiffs in I. A. No. 2125 of 1992 in O. S. No. 117 of 1984 on the file of the Court of the Principal District Munsif, Ongole.

( 2 ) THE defendants, who opposed unsuccessfully, are the petitioners. The said suit was instituted seeking relief of permanent injunction and mandatory injunction. Plaintiffs and the defendants are the neighbours having house properties. The plaintiffs complaint is that windows and ventilators were illegally and unlawfully opened by the defendants into the property of the plaintiffs intruding their rights and as such mandatory injunction was sought for, to close the same. Preventive relief of permanent injunction was sought for restraining the defendants from laying the latrine pipe in portion marked P-2, p-3,p-4 and P-5.

( 3 ) ADVOCATE-COMMISSIONER was appointed to inspect the suit property. In the course of inspection, it was found that a channel was there constructed by the defendants. Then a petition in I. A. No. 2125 of 1992 under Order VI Rule 17 cpc was filed seeking amendment of the plaint incorporating a relief














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