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2021 Supreme(AP) 532

M.VENKATA RAMANA
Tupakula Munaf – Appellant
Versus
Maseed Moulali and Peda Mosque – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G. Pedda Babu.
For the Respondent: B. Adinarayana Rao.

JUDGMENT :

M. VENKATA RAMANA, J.

1. The 2nd plaintiff in O.S. No. 45 of 1986 on the file of the Court of the learned District Munsif, Sattenapalli is the appellant in S.A. No. 667 of 2000. The respondents were the defendants.

2. The relief sought by the plaintiffs in O.S. No. 45 of 1986 against the defendants was:

    “(a) for declaration that the wall ‘CD’ as shown in the plaint plan exclusively belongs to the plaintiffs with a consequential mandatory injunction for restoring ‘CD’ wall to its original position which the defendants demolished illegally on 28.06.1984.

(b) for a declaration that the plaintiffs have a right of easement to project the eves of their house on ‘AB’ wall of the plaint plan and for a consequential mandatory injunction to restore the cement slab and drain to its original position which the defendants demolished on 28.06.1984.

(c) for a permanent injunction restraining the defendants, their men and followers and their successors in interest from in any way interfering with the ‘CD’ wall of the plaint plan and concrete slab and drain.

(d) for a sum of Rs. 2,000/- towards damages for demolishing in the portion of the ‘CD’ wall, the concrete slab and drain.”

3. O.S. No. 45

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