ATLA SIDDA REDDY Vs. BUSI SUBBA REDDY

JUDGEMENT

(1.) Despite service of notice, the respondents have not appeared to contest the Special Leave Petition which is directed against the judgment and order dated 18th April, 2007, passed by the Andhra Pradesh High Court in S.A. No. 656 of 1997.

(2.) In September, 1988, the petitioner filed O.S. No. 735 of 1988 in the Court of District Munsif, Cuddapah, inter alia, for declaration of the petitioner's title to the plaint schedule property and for permanent injunction to restrain the defendant No. 1 and his men from interfering with the petitioner's peaceful possession therein and enjoyment thereof. The III Additional District Munsif dismissed the petitioner's suit on 29.11.1990, upon holding that the petitioner had failed to establish the title of his predecessor-in-interest in the suit land. The petitioner preferred an appeal, being A.S. No. 113 of 1990, in the Court of 1st Additional District Judge, Cuddapah, which was allowed on 26th March, 1997. The judgment and order of the trial court was set aside and the suit was decreed in favour of the petitioner.

(3.) It may be indicated that the defendant No. 1 Koppolu Subba Reddy, died during the pendency of the appeal before the 1st Additional District Judge, Cuddapah, and the Respondents Nos. 2 to 4 herein were brought on record as his legal representatives. The respondents herein filed Second Appeal No. 656 of 1997, in the Andhra Pradesh High Court and the same was allowed by the learned Single Judge on 18th April, 2007. The judgment and decree of the 1st Additional District Judge was set aside and the judgment and decree of the trial court dismissing the petitioner's suit was restored.