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2011 Supreme(AP) 1117

L.NARASIMHA REDDY
Dasari Laxmaiah – Appellant
Versus
T. Krishna Rao – Respondent


Advocates Appeared:
For the Appellants:Mrs. N(P). Anjana Devi, Advocate.
For the Respondent:M.V.S. Sai Kumar, Advocate.

Judgment :-

1. The defendants in O.S.No.1292 of 2003 on the file of the II Additional Junior Civil Judge, Visakhapatnam are the appellants. The respondent filed the suit for recovery of a sum of Rs.40,000/- by way of damages from the appellants with interest at the rate of 24% from the date of filing the suit. The trial Court dismissed the suit through judgment, dated 30.03.2007. Thereupon, the respondent filed A.S.No.224 of 2007 in the Court of the VII Additional District Judge (Fast Track Court), Visakhapatnam. The appeal was allowed in part, awarding a sum of Rs.10,000/- as damages, on 22.09.2008.

2. The plea of the respondent was that himself and appellant No.1 are neighbours being the allottees of plot Nos.32 and 33 respectively of Ex-Servicemen Colony, Malkapuram, Visakhapatnam and that after constructing a house in the plot, with the permission of the authority concerned, he completed the construction of compound wall, around his plot in the year 1994. The appellants are said to have demolished the wall on 17.07.2000 highhandedly. It was also mentioned that he filed O.S.No.1706 of 2000 in the Court of the Principal Junior Civil Judge, Visakhapatnam for injunction, again






























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