SUNANDA DEVI Vs. D SHIVA KUMAR

JUDGEMENT

(1.) This second appeal is filed against the decree and judgment passed by the XI Additional Chief Judge, City Civil Court, (FTC), Hyderabad in AS.No. 388 of 1999 whereby and whereunder the learned Additional Chief Judge confirmed the decree and judgment passed by the II-Junior Civil Judge, City Civil Court, Hyderabad, in OS.No. 1071 of 1994 and 05. No. 1663 of 1994. For the sake of convenience, the parties will be referred by their names.

(2.) Smt. Parvathi Bai and Smt. Indira Bai filed OS.No. 1071 of 1994 seeking the relief of mandatory injunction for removal of certain constructions which were made. Smt. Sunanda Devi, the first defendant therein while constructing her house deviated from the plan approved by the Municipal Corporation of Hyderabad. Smt. Parvathi Bai and Smt. Sunanda Devi are adjacent landowners. The basis for the suit filed by Smt. Parvathi Bai is that by making constructions in deviation of the approved plan of the Municipal Corporation of Hyderabad. Smt. Sunanda Devi infringed the ownership as well as the enjoyment rights of Smt. Parvathi Bai while constructing her house. The cross suit, OS.No. 1663 of 1994 was filed by Smt. Sunanda Devi against Smt. Parvathi Bai and Hyderabad Municipal Corporation contending that her construction is by and large as per the prescribed plan which was approved by the Municipal Corporation and she did not infringe any right of Smt. Parvathi Bai and some minor deviations from the approved plan were made as per the advice given by the technical and vastu experts. Therefore, Smt. Sunanda Devi admitted in her pleadings that she made certain deviations.

(3.) The learned trial Court dismissed the suit filed by Smt. Sunanda Devi and decreed the suit filed by Smt. Parvathi Bai granting temporary injunction directing the removal of illegal and unauthorized constructions made by Smt. Sunanda Devi. The first appellate Court by its common judgment in AS.No. 388 of 1999 and AS. No. 389 of 1999 confirmed the decree and judgment passed by the learned trial Court in all respects.