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2011 Supreme(AP) 858

R.KANTHA RAO
Sunanda Devi – Appellant
Versus
Parvathi Bai – Respondent


Advocates Appeared:
For the Appellant:M. Sudheer Kumar, Advocate.
For the Respondents:Manjari S. Ganu, Advocate.

Judgment :

This second appeal is filed against the decree and judgment passed by the XI Additional Chief Judge, City Civil Court, (FTC), Hyderabad in AS.No. 388 of 1999 whereby and whereunder the learned Additional Chief Judge confirmed the decree and judgment passed by the II-Junior Civil Judge, City Civil Court, Hyderabad, in OS.No. 1071 of 1994 and O.S.No. 1663 of 1994.

2. For the sake of convenience, the parties will be referred by their names.

3. Smt. Parvathi Bai and Smt. Indira Bai filed OS.No. 1071 of 1994 seeking the relief of mandatory injunction for removal of certain constructions which were made. Smt. Sunanda Devi, the first defendant therein while constructing her house deviated from the plan approved by the Municipal Corporation of Hyderabad. Smt. Parvathi Bai and Smt. Sunanda Devi are adjacent landowners. The basis for the suit filed by Smt.Parvathi Bai is that by making constructions in deviation of the approved plan of the Municipal Corporation of Hyderabad. Smt. Sunanda Devi infringed the ownership as well as the enjoyment rights of Smt. Parvathi Bai while constructing her house. The cross suit, OS.No. 1663 of 1994 was filed by Smt. Sunanda Devi against Smt.Parvat





































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