COMMON JUDGMENT :

The present CMA is filed against the judgment and decree dated 20.10.2017 passed in A.S No.123 of 2009 on the file of Principal District Judge, Nellore, SPSR Nellore District in O.S No.330 of 1988 on the file of III Additional Junior Civil Judge, Nellore.

2. Originally the suit in O.S No.330 of 1988 was filed by the plaintiff/appellant herein before the III Additional Junior Civil Judge, Nellore (for short “the trial Court”) for grant of declaration and for grant of mandatory injunction. The same was partly allowed in favour of the plaintiff with suit costs and declaring the plaintiff’s title over the suit schedule property in BEFC with as width of 5 feet 8 inches from E to B and 7 feet between F to C to the plaintiff and also directed the defendants to deliver the vacant possession within three months from the date of judgment, however failing which the plaintiff is at liberty to do the same due to process of law. Aggrieved by the same, the 7th defendant in O.S.No.330 of 1998 has preferred an appeal in A.S No.123 of 2009 on the file of the Principal District Judge, Nellore (for short “the first appellate Court”).

3. For the sake of convenience, the parties herein a