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2019 Supreme(AP) 18

D.V.S.S.SOMAYAJULU
Valluru Samba Siva Rao – Appellant
Versus
Krishna Apartments Association – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. Satyanarayana
For the Respondents: T.S. Anand

ORDER :

D.V.S.S. Somayajulu, J.

1. This revision petition is filed questioning the order dated 2.8.2012 in E.P. No. 114 of 2011 in O.S. No. 1803 of 2003 passed by the Principal Junior Civil Judge, Vijayawada.

2. This case has a long chequered history. The suit O.S. No. 1803 of 2003 is filed by the decree holders as plaintiffs for an injunction restraining the defendants from constructing a wall in the area shown as 'IJ' in the plaint plan and not to construct any gate. The suit was dismissed. Thereafter, an appeal bearing AS No. 75 of 2008 was filed which was allowed on 6.1.2009. An injunction was granted in favour of the plaintiff's/decree holders restraining the defendants from making any construction in the area 'IJ' and from closing the gate. A second appeal SA No. 53 of 2009 was filed against the order in AS No. 75 of 2009 but the same was dismissed on 10.6.2001.

3. In the interim period, after the suit was dismissed in the Lower Court and before the appeals were allowed in favour of the decree holders, the defendants constructed a wall and put up a gate. Therefore, E.P. No. 114 of 2011 was filed for removal of the structures through the Court Officer by way of restitution under O































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