JUDGMENT

1. The present Second Appeal is preferred by the appellant aggrieved by the Decree and Judgment dtd. 18/2/2010 passed in A.S.No.14 of 2011 on the file of the Court of VII Additional District Judge (Fast Track Court), Madanapalle, in reversing the Judgment and decree in O.S.No.295 of 2008 dtd. 18/2/2010 on the file of the Court of the Senior Civil Judge, Madanapalle.

2. For convenience the parties are hereinafter referred to as arrayed before the VII Additional District Judge (Fast Track Court), Madanapalle, in A.S.No.14 of 2011 (for short "the first appellate Court").

3. Originally, the suit in OS No.295 of 2008 was filed by the plaintiff before the Senior Civil Judge, Madanapalle, for grant of mandatory injunction and for delivery of possession of the suit schedule property. It is contended by respondent/plaintiff that his father Dasthagiri Sab along with his two brothers Reddy Sahebpeer Saheb Reddy Sulaiman Saheb filed a suit in O.S No.314 of 1943 on the file of District Munsif Court, Madanapalle for declaration and permanent injunction against Syed Yakub Saheb and his brothers. The said suit was decreed in favour of the father of the plaintiff. It is also held in the sai