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2022 Supreme(AP) 1387

SUBBA REDDY SATTI
Syed Arifa, W/o. Syed Sirajuddin – Appellant
Versus
Patan Jaffar Masthan Khan alias Masthan Saheb, S/o. Patan Khaja Khan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sivaprasad Reddy Venati
For the Respondent: K Venkatesh

JUDGMENT :

Assailing the judgment and decree dated 27.08.2019 in A.S.No.8 of 2017 on the file of IV Additional District Judge, Nellore, confirming the judgment and decree dated 14.11.2016 in O.S.No.144 of 2012 on the file of III Additional Junior Civil Judge, Nellore.

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

3. Plaintiff filed suit O.S.No.144 of 2012 against Syed Sandani Basha, sole defendant seeking perpetual injunction. Pending suit, sole defendant and his legal representatives were brought on record as defendants 2 to 6.

4. The brief averments, in the plaint are that plaintiff is the absolute owner of plaint schedule property, having purchased the same under a registered sale deed dated 31.03.1980; that plaintiff and his family members have been residing by raising house in some extent and left some vacant place for air and light; that 1st defendant filed suit O.S.No.3 of 2009 against the plaintiff seeking injunction restraining him from interfering with his construction of house and the said suit was decreed on 26.12.2011; that 1st defendant shown his northern boundary in O.S.No.3 of 2009 as vacant site belonged

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