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2015 Supreme(AP) 742

M.S.RAMACHANDRA RAO
Jajula Koteshwar Rao – Appellant
Versus
Ravulapalli Masthan Rao – Respondent


Advocates Appeared:
For the Appellant : M. Mehdi Hussain

ORDER :

M.S. Ramachandra Rao, J.

1. This civil revision petition is filed under Article 227 of the Constitution of India challenging the order dated 29.10.2014 in IA No. 1761 of 2014 in OS No. 817 of 2006 of the Principal Junior Civil Judge, Ongole, Prakasam District. The petitioner herein is the defendant in the above suit. The respondent filed the said suit against the petitioner for declaration of his right in the plaint schedule property and for consequential mandatory injunction directing the petitioner to remove XXI wall constructed in the schedule site shown in the plaint plan.

2. According to the respondent/plaintiff at a place shown as XXI in the plaint plan, there was previously a mud wall existing, which was the wall of the petitioner, but the said mud wall was removed and another wall was constructed with a width of 9 inches at the same place, and in doing so, the petitioner occupied the site belonging to the respondent and his family at the time when they are away on pilgrimage to Tirupathi.

3. Written statement was filed by the petitioner opposing the suit claim and contending that the wall XXI was not correctly shown in the plaint plan. He denied that previously there us



















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