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2023 Supreme(AP) 1106

RAVI NATH TILHARI
Raavi Venkateswara Rao, S/o. R. Anjaneyulu – Appellant
Versus
Ellanti Nirmala, W/o. Murali – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Alapati Lalith Nikhil, Sri Sasanka Bhuvanagiri, learned counsel, representing Sri Alapati Lalith Nikhil, learned counsel.

JUDGMENT :

Ravi Nath Tilhari, J.

1. Heard Sri Sasanka Bhuvanagiri, learned counsel, representing Sri Alapati Lalith Nikhil, learned counsel for the appellants.

2. This Second Appeal under Section 100 of the Code of Civil Procedure (C.P.C) by the defendant/appellants arises out of O.S.No.238 of 2012 on the file of the I Additional Junior Civil Judge, Tirupati which was decreed vide the judgment/decree dated 07.01.2017 and was affirmed in A.S.No.126 of 2017 vide judgment/decree dated 13.03.2023 passed by the V Additional District Judge, Tirupati dismissing the appeal of the present appellants.

3. The plaintiff/respondent No.1 namely Ellanti Nirmala filed O.S.No.238 of 2012 for permanent injunction restraining the defendants therein (the present appellants and the respondent No.2) and their men etc. from, in any way interfering with the plaintiff's peaceful possession and enjoyment of the plaint scheduled property.

4. The plaintiff's case was that originally the property of an extent of Ac. 2.75 cents in Sy.No.11/2B 2 of No.9, Akkarampalli Revenue Village accounts was the absolute property of one Pedirappagari Kamalamma. She was in possession and enjoyment and sold it out to one Marisetti

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