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2022 Supreme(AP) 305

SUBBA REDDY SATTI
Udatha Narasmiha Rao – Appellant
Versus
Thota Gangadhara Rao – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Challa Ajay Kumar.

JUDGMENT :

SUBBA REDDY SATTI, J.

1. Assailing the judgment and decree dated 21.06.2021 in A.S. No. 123 of 2017 on the file of V Additional District Judge, Nellore, confirming the judgment and decree dated 19.09.2017 in O.S. No. 150 of 2011 on the file of III Additional Junior Civil Judge, Nellore the above appeal is filed.

2. For the sake of convenience, the parties herein are referred to as they are arrayed in the plaint.

3. Plaintiff filed the suit for permanent injunction restraining the defendants, their men, agents and followers from interfering with the plaintiff’s peaceful possession and enjoyment over the plaint schedule property.

4. The averments, in brief, in the plaint are that the plaintiff’s father acquired the plaint schedule property about 65 years back and ever since he had been in possession and enjoyment of the same; that after the lifetime of father and mother, the plaintiff came into possession and enjoyment of the same, that during the lifetime of plaintiff’s father, he constructed asbestos sheeted house in four Ankanams leaving remaining 20 Ankanams as vacant site, in which coconut trees, Guava trees and other trees were planted along with open toilets and kitchen;

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