S.SRINIVAS RAJU Vs. S. RAVI RAJU

JUDGEMENT

(1.) PRESENT suit has been filed by the plaintiff for declaration and permanent injunction. Summons in the suit and notice in the application under Order XXXIX Rule 1 and 2, were issued on 25.08.2010. Defendant no.2 entered appearance on 28.11.2010 and sought time to file written statement. Fresh summons were issued to defendant no.1 on 28.10.2010, 04.02.2011 and 25.04.2011. Thereafter, plaintiff filed an application under Order 22 Rule 4 for bringing legal representative of defendant no.1 on record as defendant no.1 expired on 16.05.2011. Legal representative of defendant no.1, Ms. Prasanna Surabhi was impleaded on 07.02.2012. None has chosen to contest the matter. Statement of defendant no.2 was recorded on 04.02.2011 and same is reproduced herein below:

(2.) MS . Prasanna, legal representative of defendant no.1 had also filed a no objection affidavit. Relevant paragraph 3 of the affidavit has been reproduced herein below:

(3.) PW 1 has further deposed that defendant no.1 was his elder brother and defendant no.2 is local property dealer. He has also deposed that defendant no.1 in collusion and connivance with defendant no.2, were trying to forcibly dispossess PW1 and his family from the suit property.