LAKKANNA Vs. NALLURAMMA

JUDGEMENT

(1.) THE order of the First Appellate Court allowing the appeal in M.A. No. 15/2013 is called in question in this writ petition.

(2.) THE petitioner herein had filed O.S. No. 157/2005 for injunction. The same came to be decreed on 31.10.2006. In the said suit the very property i.e., Sy. No. 6/2 was the subject matter. The southern boundary of Sy. No. 6/2 is shown as Sy. No. 6/1. It is relevant to note here that Sy. No. 6/1 belongs to the respondents herein. The said suit came to be decreed on 31.10.2006, subsequently the respondent herein filed one more suit in O.S. No. 113/2006 in respect of Sy. No. 6/1 measuring 1 acre 1 gunta and the same was decreed on 16.12.2006. The said decree in O.S. No. 113/2006 is confirmed by First Appellate Court in R.A. No. 308/2009. Thus it is clear that insofar as Sy. No. 6/1 is concerned, injunction is operating in favour of respondent No. 1 herein against the petitioner herein.

(3.) THE first Appellate Court after accepting the contention allowed the appeal and consequently set aside the order of the trial Court granting injunction. It is not open for the petitioner to change the boundary by filing suit subsequently once again.