JUDGMENT:

This Second Appeal is filed with a prayer to allow the appeal by setting aside the judgment of the First Appellate Court dated 21.06.2023 in A.S.No.5 of 2019 on the file of Principal District Judge at Medak, thereby to confirm the judgment and decree dated 20.04.2018 in O.S.No.48 of 2009 on the file of Senior Civil Judge, at Medak.

2. O.S.No.48 of 2009 was filed before learned Senior Civil Judge Court, Medak by the plaintiff, initially against defendant No.1/Municipal Commissioner, Medak for permanent injunction restraining the officials of defendants from interfering and dismantling the structures in respect of suit schedule property. Later defendant No.2 was impleaded as per orders in I.A.No.57 of 2012, dated 03.07.2012. Plaintiff preferred Civil Revision Petition No.3245 of 2012 against the said order before this Court but this Court confirmed the order of the trial Court on 22.08.2013.

3. It was stated by plaintiff that she is the absolute owner of the premises bearing Nos.3-9-128/1, 128/2, 128/2/1 consisting of Ground + 2 upper Floors, situated on the main Road of Auto Nagar, Medak Town, Medak District totally admeasuring Ac.131.38 square yards more clearly described in the schedule and hereinafter referred to as “suit schedule property”. It was further stated by the plaintiff that originally she purchased two mulgies and appurtenant land under 3 registered sale deeds i.e., one mulgi admeasuring 52.07 square yards is purchased from Smt.R.Uma Maheswari by way of registered sale deed, dated 08.10.1997, vide document No.933/1997 duly registered before the Sub-Registrar, Medak for a consideration; another mulgi admeasuring 39.22 square yards adjacently located is purchased by her from Smt.R.Uma Maheshwari by way of registered sale deed, dated 08.10.1997, vide document No.934/1997 duly registered before the Sub Registrar, Medak, for a consideration, and the appurtenant land admeasuring 40.09 square yards is purchased by the plaintiff from her vendor Sri L.Linga Reddy by way of registered sale deed, dated 30.12.2004, vide registered document No.1/2005 for a consideration, totally admeasuring 131.38 square yards. That the plaintiff after purchasing two mulgies in the year 1997, started carrying on business and later, a piece of land located on the southern side of the mulgi was offered to sell and after deliberations, the plaintiff has purchased the same admeasuring 40.09 square yards in the year 2004 with an intention to construct upper floors. Accordingly, the plaintiff has obtained Municipal Sanction permission from the defendant for construction of two upper floors i.e., First and Second Floors, and after thorough scrutiny, the defendant has granted sanction permission vide Proceedings No.C1/61/1849/2007, dated 12.06.2008. In pursuance of the permission, the plaintiff has proceeded with the construction and completed the construction work and it was also mentioned that the officials of defendant Counsel visited the site during construction and ever raised any objection. Plaintiff completed the construction of two upper floors and the defendant also assigned Municipal Nos., as 3-9-128/2/1 and 128/2/2 and fixed the tax and accordingly, collected Municipal Taxes from the year 2008-09 and 2009-10.

4. While so, the Government of Andhra Pradesh has floated a scheme for Regularisation of Buildings which are constructed without Municipal permission or constructed with deviations. The plaintiff availed the said scheme for regularization of the balconies made in upper floors which are done to suit vaastu and as per the advice of vaastu experts, however, the said deviations are not against to public policy or affecting any neighbours of any public. The plaintiff paid requisite fee along with application. While the said process is pending and the plaintiff is enjoying the peaceful possession, the defendant has got issued a notice dated 16.05.2009 under Section 228(1) of the Andhra Pradesh Municipalities Act to the plaintiff and