K DODDANAGOWDA Vs. V RAMACHANDRA REDDY

JUDGEMENT

(1.) THE Appellant was the defendant and Respondent was the Plaintiff in the trial Court. For the sake of convenience, the parties are referred to as in the trial Court.

(2.) THE Plaintiff filed the suit for permanent injunction restraining the defendant from putting up cuddapah slabs or making construction in front of the open space of his house thereby obstructing right of way from the road to house and for mandatory injunction to remove the cuddapah slabs planted in front of his house. Plaintiff claims that he has been using the courtyard in front of defendant's house and the open space in front of his house to approach the road since time immemorial. Since the defendant erected cuddapah slabs obstructing the passage to the plaintiff, suit was filed. The suit was resisted by the defendant by filing written statement denying the plaint averments. The defendant states that difference between him and the plaintiff arose nn account of attempt to construct sink pit adjacent to defendant's house by the plaintiff and to avoid the same the defendant erected the cuddapah slabs. According to the defendant, erection of cuddapah slabs will not obstruct the plalntiffin any manner and that plaintiff was never permitted to use the passage. Contending that the suit is not maintainable, the defendant prayed for dismissalof the suit.

(3.) ON the basis of the pleadings, the trial court framed Issues and went for trial. Parties adduced evidence and produced documents in support of their respective case. Upon consideration of the material brought on record, the trial Court decreed the suit as prayed for The appeal preferred against the Judgment and decree of the trial Court was dismissed by the first appellate Court. Being aggrieved by the same the defendant has filed this second appeal praying to set aside the judgments and decrees of the courts below and to dismiss the suit.