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2023 Supreme(AP) 697

K. MANMADHA RAO
K. Bhaskara Rao, Odessa State – Appellant
Versus
S Kameswara Rao, Srikakulam Dist – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P V RAGHU RAM
For the Respondent: P DURGA PRASAD

JUDGMENT :

The present Appeal is preferred by the appellant aggrieved by the Decree and Judgment dated 28.11.2016 passed in A.S.No.50 of 2013 on the file of I Additional District Judge, Srikakulam preferred against the decree and judgment dated 05.06.2013 passed in O.S.No.88 of 2008 on the file of Additional Senior Civil Judge, Srikakulam.

2. Heard Sri P.V. Raghu Ram, learned counsel appearing for the appellant and Sri P. Durga Prasad, learned counsel appearing for the respondents.

3. The appellant is the plaintiff No.1 and the respondent No.1 is the defendant and respondent No.2 is the plaintiff No.2 in O.S.No.88 of 2008 on the file of Additional Senior Civil Judge, Srikakulam (for short “the trial Court”).

4. For convenience and clarity, the parties are hereinafter referred to as arrayed in the suit.

5. The plaintiffs No.1 and 2 are the brothers. They have RCC building in Narasannapeta. The defendant constructed a house without obtaining any permission from Gram Panchayat and he violated the rules he did not leave side setbacks to eastern side wall preventing air and light to the plaintiffs house on western side. After knowing the same, the plaintiffs came down to Narasannapeta and re

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