Back
T. MALLIKARJUNA RAO
Chairman APSRTC Hyd – Appellant
Versus
Mallidi Kanikireddy – Respondent
JUDGMENT :
1. This Second Appeal, under section 100 of Code of Civil Procedure, 1908 (for short, 'C.P.C'), has been filed by the Appellants/Respondents 1 to 4/Defendants against the Decree and Judgment dated 30.10.2002, in A.S.No.27 of 2001 on the file of Senior Civil Judge, Kothapeta, East Godavari District (for short, ‘the 1st Appellate Court’) reversing the decree and Judgment dated 10.09.1998, in O.S.No.82 of 1990 (Old O.S.No.101 of 1988)) on the file of Junior Civil Judge, Kothapeta (for short, ‘the trial Court’).
2. Respondents 1 to 3 are the Plaintiffs, who filed the suit in O.S.No.82 of 1990 (Old O.S.No.101 of 1988) seeking a declaration of the easementary right of the plaintiffs on the west of their shops through in-gate and outgate of the bus station for ingress and egress of the Plaintiffs and their men and for consequential permanent injunction restraining the Defendants from constructing a wall along with shops of the Plaintiffs on the western side.
3. Referring to the parties as they are initially arrayed in the suit is practical to mitigate confusion and better comprehend the case.
4. The factual matrix, necessary and germane for adjudicating the contentious issues betwe
The court affirmed the Plaintiffs' easementary rights based on historical use and legal documentation, emphasizing the significance of such rights in property law.
The main legal point established in the judgment is the requirement for clear title and acceptable evidence to support claims of possession and easementary rights.
The High Court cannot interfere with concurrent findings of fact unless they are perverse; a substantial question of law must be established for a second appeal under CPC.
The central legal point established in the judgment is the interpretation of the evidence and the application of the legal principles, including the provisions of the Easement Act, 1882, to determine....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
