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2013 Supreme(AP) 813

B.CHANDRA KUMAR
Muthukur Gram Panchayat rep. by its Executive – Appellant
Versus
Kakuturu Ramesh Reddy – Respondent


Advocates Appeared:
For the Petitioner:Srinivas Karra, Advocate.

Judgment :

1. This civil revision petition is filed challenging the Order dated 14.06.2010, passed in I.A.No.425 of 2010 in O.S.No.508 of 2008, by the I Additional Senior Civil Judge, Nellore.

2. The respondents herein are the plaintiffs in O.S.No.508 of 2008. The parties will be referred to as they are arrayed in the original suit for the sake of convenience.

3. The plaintiffs filed a suit for permanent injunction basing on easementary rights restraining the defendant/Gram Panchayat from making any constructions. The written statement was filed in the month of December 2008. In Para No.4 of the written statement, it was clearly averred by the defendant that the suit is not maintainable without seeking relief of declaration as alleged by the plaintiffs and then issues have been framed. The 1st plaintiff is examined as PW.1 and he filed chief affidavit. He is a practicing advocate and he was cross-examined on 30.03.2010. During cross-examination, it was suggested to PW.1 that a suit for permanent injunction without seeking relief of declaration is not maintainable, for which, the 1st plaintiff/PW.1 specifically denied the said suggestion. Then the plaintiffs filed I.A.No.425 of 2010
















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