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2003 Supreme(AP) 831

C.Y.SOMAYAJULU
Marina Venkataswamy @ Musalayya – Appellant
Versus
Marina Rama Murthy – Respondent


J U D G M E N T

The plaintiff in O.S.No.265/1980 on the file of the Principal District Munsif, Ramachandrapuram is the appellant in this Second Appeal.

2. Plaintiff filed the snit for a declaration that he is the owner of the red marked portion shown in the plaint plan and for mandatory injunction for removal of the obstruction made in the D marked portion and P marked portion shown in the plaint plan on the Eastern lane and to restrain the respondent from opening a door way from the portions shown as D 1 or D2 in the plaint plan into the Eastern lane. Subsequently he sought the additional relief of a mandatory injunction to remove the Lavatory and bathroom constructed by the respondent in the lane, connecting the Marinavari Street and Chilikivari Street shown as S1 and S2 in the plaint plan. The respondent contested the suit. The appellant besides examining himself as P.W.1 examined two witnesses as P.W.2 & 3. The respondent besides examining himself as DW1 examined two other witnesses DWs.2 and 3 and marked Exs.B1 to B9. Exs.C1 to C3 are the Commissioner’s report and plan. The Trial Court partly decreed the suit without costs granting mandatory injunction for remova






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