ANNAIAH AND ORS. Vs. LAKSHMAMMA

JUDGEMENT

(1.) THE appellants are before this Court assailing the concurrent judgments passed by the Courts below whereby the judgment and decree of permanent injunction granted in favour of the respondent herein by the judgment dated 07.10.2006 in O.S. No. 462/2001 has been affirmed by the Lower Appellate Court in its judgment dated 20.06.2011 passed in R.A. No. 291/2010.

(2.) BOTH the Courts below have arrived at the conclusion that the plaintiff is in possession of the suit schedule site which was allotted by the CITB and in that light has granted the order of injunction against the defendants from interfering with her peaceful possession and enjoyment of the site. In the light of the contentions urged in this appeal, this Court by the order dated 04.01.2012 has admitted the appeal and framed the following substantial question of law for consideration:

(3.) THE perusal of the substantial question of law framed above would indicate that the consideration which is required to be made is as to whether the plaintiff had proved the interference of her possession by the defendants. Though in that view, the fact that the plaintiff is in possession is not a serious question to be considered in this appeal, taking note of the contention that has been put forth by the learned counsel for the appellants, the consideration as made by the Courts below on that aspect will also have to be adverted.