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2024 Supreme(Online)(AP) 4205

HIGH COURT OF ANDHRA PRADESH
3365 - Dr V R K KRUPA SAGAR
M.RADHAKRISHNA – Appellant
Versus
K.RANGANAYAKAMMA & 2 OTHERS – Respondent


JUDGMENT:

This is a defendant’s appeal. Cuddapah District Non-

Gazetted Officers Cooperative House Building Society owned property for house sites and got the layout approved by the Government. The plots were allotted to its members. A small strip of land between plot Nos.317 and 318 fell in dispute. Plot No.317 has on its southern boundary the plot No.318. Alleging that the 6 feet width of plot No.317 was encroached upon by the persons pertaining to plot No.318, the owner of plot No.317 Smt. Kunda Ranganayakamma laid O.S.No.298 of 1990 before learned Principal District Munsif, Cuddapah. In the plaint it is stated that ‘HGCD’ shown in the plaint plan is the encroached portion and that belonged to her and therefore, she sought declaration of her title over the said encroached portion of property and sought recovery of possession of the same and also sought mandatory injunction directing the owner of plot No.318 to remove a compound wall constructed along ‘GH’ line and superstructure over the occupied ‘HGCD’ site. Originally it was laid as against defendant Nos.1 and 2 who are spouses to each other. It is stated that together defendants owned plot No.318. During the pendency of the sui

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