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VENUTHURUMALLI GOPALA KRISHNA RAO
Guttula Johnson – Appellant
Versus
Pulla Govindu – Respondent
JUDGMENT:
The appellant herein (connected with O.S.No.162 of 2009 of Principal Junior Civil Judge’s Court, Kakinada) is the plaintiff in O.S.No.162 of 2009 and the respondent herein is the defendant in the said suit. The defendant herein filed another suit vide O.S.No.239 of 2009 against the plaintiff herein. The learned Principal Junior Civil Judge, Kakinada, clubbed both the suits and tried together and passed a common judgment against which, A.S.Nos.105 and 112 of 2012 are filed by the respective plaintiffs in both the suits and both these appeals were dismissed by confirming the judgment of the trial Court by the IV Additional District Judge, Kakinada, by passing common judgment dated 07-02-2020. Aggrieved against the judgment and decree passed in O.S.No.162 of 2009 (connected with A.S.No.105 of 2015), this second appeal is preferred by the plaintiff. No second appeal is preferred against the judgment and decree passed in O.S.No.239 of 2009 (connected with A.S.No.112 of 2015).
2. The case of the plaintiff as narrated in the plaint, in brief, is as follows:
It is pleaded that item No.1 of plaint schedule property i.e. plot bearing No.49 was purchased by one N. Sri Rama Sastry from
In a suit for permanent injunction, the plaintiff must prove possession of the property as of the date of filing; failure to do so results in dismissal.
A simple suit for injunction is not maintainable when there is a dispute over title, and the plaintiffs must prove possession within the claimed boundaries.
The court affirmed that in seeking an injunction over immovable property, examination of title is necessary if challenged by the opposing party.
The main legal point established in the judgment is that the appointment of an Advocate Commissioner in a suit for injunction is permissible when there is a dispute regarding the boundaries and exten....
The court upheld the plaintiff's claim of title to the suit property based on the defendant's admission and the failure of the trial court to adhere to the direction of the appellate court.
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