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2023 Supreme(AP) 1343

R. RAGHUNANDAN RAO
Sanaboina Satyanarayana – Appellant
Versus
Cherukuri Rajeswari – Respondent


JUDGMENT

1. The appellants are the defendants 6 to 9 in O.S.No.61 of 2012 on the file of Principal Junior Civil Judge, Palakol. The 1st respondent is the plaintiff.

2. The 1st respondent had filed O.S.No.61 of 2012, for mandatory injunction, for removal of the houses and other structures constructed by the appellants herein on the road margin and puntha in R.S.No.110/3 of Sangamcheruvu Village adjoining the R & B road passing through R.S.No.110/1 from Palakol to Myzarugunta. It is the case of the 1st respondent that she had agricultural land in R.S.No.112/2, 2-A and R.S.No.111/2C of Gorinthada Village which is hamlet of Sangamcheruvu Village. The 1st respondent contends that her access to the R & B road is being affected by the constructions made by defendants 6 to 9. It is the further contention of 1st respondent that she had approached the officials in the area, who are arrayed as defendants 1 to 5 in the suit, for removal of these encroachments. As the defendants 1 to 5 did not take any action, the 1st respondent moved the suit.

3. The appellants herein, who are defendants 6 to 9 filed their written statements and also participated in the trial by being examined as D.Ws. 4 to 8.

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