N.D.PATNAIK
Josyula Hanuma Venkata Rao – Appellant
Versus
Nandam Subbarayudu – Respondent
( 1 ) THIS appeal is filed by the plaintiff in O. S. 530/1976 in the court of District munsif, Tanuku. The plaintiff filed the suit against 14 defendants for a mandatory injunction directing the defendants 1 to 13 to remove unauthorised construction of walls etc. on the road margin in Lingala street in Penugonda village adjacent to the northern side of the plaintiff s house and for costs of the suit.
( 2 ) THE plaintiff s case is that in the road margin between his compound wall and the road there is a space of about 3 yards width which is road margin and defendants 1 to 13 have constructed a building on the road margin with the avowed object of installing a deity in spite of the plaintiff s objection that it will interfere with the access to the Street. The defendants 1 to 9 and 13 contended that the Mandapam was constructed in 1968 and the deity has to be installed and walls are being constructed to prevent its exposer to Sun and rain but the plaintiff himself encroached into the road margin and constructed a pial and opened a doorway and he has no legal right to occupy the road margin. They also contended that the temple is not causing any obstruction to the pla
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