SUNDARAMMA MANOHAR Vs. PAWAN LATE SHANKAR RAO

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and learned counsel appearing for the respondents.

(2.) This appeal is against the divergent finding in a suit for injunction and mandatory injunction. The Trial Court dismissed the suit, rejecting the plaintiff's contention that the defendant has encroached upon the portion of the property belonging to the plaintiff and that he has put up an illegal structure. The plaintiff has filed an appeal before the First Appellate Court. The First Appellate Court on re-appreciation of evidence concluded that the encroachment pleaded by the plaintiff is established and granted the decree as prayed for.

(3.) Aggrieved by the aforementioned divergent finding the defendant is before this Court in this second appeal. Notice is ordered to the respondent and Trial Court records are also secured. Respondent though serve with the notice is not present before the Court.