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2006 Supreme(AP) 1087

P.S.NARAYANA
Gurram Sanjappa – Appellant
Versus
Gurram Pedda Thippaiah (died) – Respondent


Judgement Key Points

Based on the provided legal document, the court has emphasized that the findings recorded by both the courts below are to be confirmed and are not to be faulted. It has also been noted that the evidence, including the plaint plan and other documentary evidence, was thoroughly appreciated and considered in reaching the decision. The court explicitly states that the findings are upheld in light of the oral and documentary evidence, including the plaint plan, and that the second appeal is dismissed with the court making no order as to costs due to the close relationship between the parties (!) (!) (!) (!) .

Therefore, the court's decision indicates that the plaint plan, which was part of the evidence considered, cannot be regarded as conclusive or determinative in itself. The court's reliance on the entire body of evidence, including oral testimonies and other documentary proof, underscores that the plan alone does not hold decisive weight in establishing rights or facts. As a result, the plan cannot be considered as the sole or definitive basis for establishing the rights or facts in question.


JUDGMENT :-This Court on 16-8-2006 admitted the second appeal on the following - substantial questions of law raised in Ground Nos. 1, 3 and 4 of the Memorandum of Grounds of Second Appeal :

1. Whether the lower Appellate Court acted legally in confirming the decree and judgment of the trial Court and granting a relief of declaration of the plaintiffs right of way even though all the owners of the pathway have not been imp leaded as parties to the suit?

2. Having regard to the fact that the plaintiff failed to prove that he was using the suit rastha, whether the Courts below acted legally in holding that the plaintiff was using the suit rastha ?

3. Whether the lower appellate Court acted legally in partly decreeing the suit even though one of the owners of the property has not been impleaded as party to the suit?

4. Whether the relief of permanent injunction is divisible and whether the Court is justified in granting the relief of permanent injunction in respect of a portion of the defendants property ?

2. Sri O. Manohar Reddy, the learned Counsel representing the appellants had taken this Court through the findings recorded by the Court of first instance and also the appellate Court an













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