K. N. RAO Vs. K. SAILESWARI

JUDGEMENT

(1.) This Second Appeal is filed against the judgment and decree, dated 24.02.2020 in A.S.No.60 of 2017 passed by the Principal District Judge, Nellore in confirming the judgment and decree, dated 03.05.2017 in O.S.No.79 of 2016 passed by I Additional Junior Civil Judge, Nellore.

(2.) The appellant is plaintiff and the respondent is defendant in the suit proceedings.

(3.) The facts of the case are that the plaintiff filed the suit in O.S.No.79 of 2016 for declaration that the order passed in MC.No.240 of 2009 on the file of the Court of IV additional Judicial Magistrate of First Class, Nellore is null and void and not binding on the plaintiff, in view of the decree, dated 17.06.1981 passed in O.S.No.621 of 1979 on the file of the Principal District Munsif, Nellore. The defendant filed Written Statement in O.S.No.79 of 2016 contested the matter. Having heard both the learned counsel and upon perusing the material available on record, the trial Court dismissed the suit on 03.05.2017.