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2010 Supreme(AP) 675

L.NARASIMHA REDDY
Thimmalapenta Seetharamaih – Appellant
Versus
Ulchi Venkateswarlu – Respondent


Advocates Appeared:
for the appellant : Sri Surendra Desai
for the Respondents: Sri Ramachandra Rao

JUDGMENT:

1. Respondents 1 to 7 filed O.S.No.142 of 1994 in the Court of Principal District Munsif, Chirala, against respondents 8 to 11 and the petitioner herein, for the relief of perpetual injunction, in respect of ‘A’ schedule property and mandatory injunction in respect of ‘B’ schedule property. It was pleaded that they own land nearby the Highway Sopirala of Chirala Mandal, and they have access to the Highway through a Gramakantam admeasuring Ac.0.12 cents, described in the ‘A’ schedule. Their complaint was that the appellant herein, who figured as defendant No.5 has raised a hut in an extent of Ac.0.02 cents described I ‘B’ schedule and is causing obstruction to their access. Their principal grievance was against the appellant and their complaint against respondents 8 to 11 was mostly about their inaction to remove the encroachment.

2. The respondent alone contested the matter. He filed a written statement, stating that respondents 1 to 7 themselves have encroached into Gramakantam of Ac.0.12 cents and the hut raised by him does not at all access to the Highway. Through its judgment, dated 29.02.1996, the trial Court decreed the suit. A.S.No.13 of 1996, filed by the appe


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