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2018 Supreme(AP) 695

D.V.S.S.SOMAYAJULU
E. Raja Mani – Appellant
Versus
E. Dayanand – Respondent


Advocates Appeared:
For the Petitioners:S. Ashok Anand Kumar, Advocate.
For the Respondents:G. Rama Sarma, Resu Mahender Reddy, Advocates.

JUDGMENT :

1. This application is filed for an injunction restraining the respondents, their men, agents etc., from making any illegal constructions over the suit schedule property and not to alter the nature of the suit schedule property during the pendency of the appeal.

2. The suit in the lower court, out of which the appeal arises, was filed for a partition, separate possession etc. The same was dismissed and therefore, the plaintiffs are in appeal in this appeal.

3. The appeal was filed in the year 2006 and there an order was passed in September, 2006 after hearing both the learned counsels restraining the respondents from alienating the suit schedule property.

4. This Court has heard learned counsel for both the parties.

5. As per the affidavit, in March, 2018, they came to know that the respondents are making illegal constructions in the suit schedule property. It is stated that they went to the site in March, 2018 took photographs and moved an application I.A. No.1 of 2018. Later, they withdrew the said application and filed a fresh application. Learned counsel for the appellant argues that as the case is one of partition, if the constructions are allowed to be made, the rights









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