THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

This Appeal is filed by the appellant/defendant under Section 96 of CPC against the Judgement and Decree, dated 28.12.2018 passed in OS No.170 of 2011 on the file of the XXVII Additional Chief Judge, City Civil Court, Secunderabad. The plaintiff/appellant herein, earlier filed a suit for perpetual and mandatory injunction and claiming damages for an amount of Rs.10,00,000/- with future interest and costs against the defendant.

2. For the sake of convenience, the parties will be hereinafter referred to as they are arrayed before the learned trial Court.

3. Brief facts of the case are that the appellant/plaintiff herein had earlier filed the suit, vide OS No.170 of 2011 against the defendant No.1 seeking a mandatory injunction directing the defendant No.1 to remove the room in front of the dwelling unit which was encroached upon the open place and to remove the extension of roof on the sides of the dwelling unit on the ground floor, which was constructed in front of his house and further to direct the defendants more particularly defendant No.3 to remove the illegal construction in case the said illegal construction made by defend