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2008 Supreme(AP) 770

G.YETHIRAJULU
Velaga Sivarama Krishna – Appellant
Versus
Velaga Veerabhadra Rao – Respondent


Advocates appeared:
Counsel for petitioner: Mr.T.Lakshminarayana
Counsel for respondents: Mr.V.V.L.N.Sarma

ORDER:

This Revision Petition has been filed by the defendant in O.S.No.31 of 2005 on the file of the Additional Senior Civil Judge (Fast Track Court) at Gudivada.

2. The respondents-plaintiffs filed the suit for declaration that they got a right of passage of a width of 12 feet on the north east corner of plot No.3 belonging to the defendant for ingress and aggress and for consequential injunction directing the defendant to demolish the structure covered by schedule 'AB' and to grant permanent injunction restraining the defendant and his men from ever interfering with the joint possession and enjoyment of right of passage. In the plaint, it was mentioned that after purchase of the properties by both parties, they came to an understanding to leave 12 feet wide passage and on 15-09-1987, they reduced their understanding to writing. The plaintiffs filed the said agreement of understanding before the lower Court, which is an unregistered document. The defendant in the written statement categorically denied the execution of such agreement of understanding and is contending that the plaintiffs have no right of passage as claimed by them.

3. At the earliest time, the defendant filed an A































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