JUDGMENT:

This Second Appeal is preferred against the judgment and decree dated 27.02.2015 in A.S.No.15 of 2013 on the file of the Judge, Family Court-cum-VIII Additional District and Sessions Judge, Mahabubnagar. A.S.No.15 of 2013 was preferred against the judgment and decree dated 01.04.2013 in O.S.No.51 of 2005 on the file of the Junior Civil Judge, Mahabubnagar. O.S.No.51 of 2005 was filed for mandatory injunction by the plaintiff against the defendants. The trial Court, after careful appreciation of oral and documentary evidence, dismissed the suit answering the issues 1 to 5 against the plaintiff holding that the plaintiff is not entitled for mandatory injunction.

2. Feeling aggrieved by the said judgment and decree dated 01.04.2013 in O.S.No.51 of 2005, the plaintiff preferred A.S.No.15 of 2013 on the file of the Judge, Family Court-cum-VIII Additional District and Sessions Judge at Mahabubnagar. The first appellate Court has confirmed the judgment and decree passed by the trial Court and dismissed the appeal without costs.

3. The first appellate Court in penultimate paragraph observed as under:

“...Now it is to be seen whether D1 has constructed disputed wall over the drainage