DASARI LAXMAIAH Vs. T KRISHNA RAO

JUDGEMENT

(1.) The defendants in OS No. 1292 of 2003 on the file of the II Additional Junior Civil Judge, Visakhapatnam are the appellants. THE respondent filed the suit for recovery of a sum of Rs.40,000/- by way of damages from the appellants with interest at the rate of 24% from the date of filing the suit. THE trial Court dismissed the suit through judgment, dated 30.3.2007. THEreupon, the respondent filed AS No.224 of 2007 in the Court of the VII Additional District Judge (Fast Track Court), Visakhapatnam. THE appeal was allowed in part, awarding a sum of Rs. 10,000/- as damages, on 22.9.2008.

(2.) The plea of the respondent was that himself and appellant No.1 are neighbours being the allottees of Plot Nos.32 and 33 respectively of Ex-Servicemen Colony, Malkapuram, Visakhapatnam and that after constructing a house in the plot, with the permission of the authority concerned, he completed the construction of compound wall, around his plot in the year 1994. THE appellants are said to have demolished the wall on 17.7.2000 highhandedly. It was also mentioned that he filed OS No. 1706 of 2000 in the Court of the Principal Junior Civil Judge, Visakhapatnam for injunction, against the appellants as regards the interference with the wall and that the suit was decreed on 28.3.2002. He pleaded that the cost of the demolished portion of the wall is about Rs. 14,000/- and that he suffered mental agony on account of the high-handed action estimated at Rs.26,000/- and prayed for a decree.

(3.) The trial Court framed two issues for its consideration, namely "(a) whether the plaintiff is entitled to claim damages from the defendants as prayed for and (b) whether there is cause of action to file the suit as contended by the defendants." THE suit was dismissed and in the appeal, the lower appellate Court framed only one point for its consideration, namely "whether the decree and judgment of the lower Court is sustainable or not" and the appeal was allowed.