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2023 Supreme(AP) 52

BANDARU SYAMSUNDER
B. Subba Rao – Appellant
Versus
Kodavati Sri Ramamurthy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : TURAGA SAI SURYA
For the Respondent: SREEMANNARAYANA VATTIKUTI

JUDGMENT:

1. The plaintiffs in O.S.No.188 of 1991 on the file of Principal Junior Civil Judge, Narsapur are the appellants. The respondents are the defendants in the suit. Originally, the suit was filed by the appellants 1 and 2/plaintiffs 1 and 2 against the respondents/ defendants 1, 2. During the pendency of the suit, the 1st plaintiff died and then the appellants 3 to 6/plaintiffs 3 to 6 were added as plaintiffs, being legal representatives of the 1st plaintiff, as per Orders in IA.No.1082 of 1997, dated 15.09.1997.

2. The appellants and the respondents herein after referred to as plaintiffs and defendants as arrayed before the trial Court.

3. The plaintiffs instituted the suit against the defendants, seeking relief of declaration and for mandatory injunction for removal of alleged projections, eaves of the house of the defendants into the plaintiffs’ site.

4. It is the contention of the plaintiffs that the 1st plaintiff purchased the plaint schedule site in the year 1976 from ‘Talluri people’ and obtained Ex.A4 registered sale deed on 11.04.1988 to an extent of site of Ac.0-40.092 cents and ever since the plaintiffs have been in possession and enjoyment of the plaint schedule prop

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