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1967 Supreme(AP) 104

P.JAGMOHAN REDDY, O.CHHINNAPPA REDDY
Movva Butchamma – Appellant
Versus
Movva Venkateswararao – Respondent


CHINNAPPA REDDY, J.

( 1 ) THE Applicant in this appeal under C1. 15 of the Letters Patent filed the suit out of which the appeal arises for a mandatory injunction for removal of certain obstructions placed on plots marked 2 (a) and (3) (a) in the plan and for a permanent injunction restraining the defendants from interfering in any manner with the right of the plaintiff to use the street A B C D for the passage of men, cattle and carts for reaching plot No. 1 belonging to her. The suit was based on the allegations that A B C D was a public street that the plots marked 2 (a) and 3 (a) were parts of the public street and that the defendants had encroached upon plots 2 (a) and 3 (a) and caused certain obstructions to be placed therein which interfered with the right of the plaintiff to the free use of the street for the passage of men, cattle and carts. Both the lower Courts found the facts substantially plaintiff, namely, that A B C D was a public street that plots 2 (a) and 3 (a) were parts of the public street and that the plaintiff had a right to use the street for the passage of her men, cattle and carts. On those finding both the lower Courts as well as our learned brother Kumar













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