DUGGIRALA KARNARAJU Vs. STATE OF A.P.

JUDGEMENT

(1.) This is an appeal preferred under Section 96 CPC against the decree and judgment in O.S.No.58 of 1997 dated 20.04.2005 on the file of the Court of learned Additional Senior Civil Judge (FTC), Kovvur, West Godavari District, whereby the suit was dismissed.

(2.) The plaintiff is the appellant. The defendants are the respondents. This appeal against respondent No.4 was dismissed for default as per order dated 28.12.2011.

(3.) The appellant is the owner of an extent of Ac.6.56 cents in R.S.No.354 of Pochavaram village, West Godavari District. He is an agriculturist. He has been in possession and enjoyment of the aforestated land. To the west of this entire extent of Ac.6.56 cents, a canal locally known as Kovvada Kaluva (the canal for short ) runs all along. Excavation of this canal from Km.15.60 to 55.50 was taken up by the Government purportedly under Janmabhoomi programme of May 1995. As a part of this programme, this canal was being deepened and also widened. It is stated to be up to 18 feet deep and 70 feet wide for free flow of water, stated to be mostly in the existing course, streamlining the same.