BATTI YADAVARAO Vs. KANDI PAPARAO

JUDGEMENT

(1.) BOTH the appeals are filed questioning the common judgment of the lower appellate Court in A.S.Nos.13 of 1991 and 7 of 1997 dated 18.11.1998, which reversed the judgment of the trial Court in O.S.Nos.138 and 172 of 181 dated 21.12.1990.

(2.) THE appellants as well as the respondents herein filed the aforesaid two cross-suits for injunction relating to same property and both of them had obtained temporary injunction against each other. THE respondents, however, lost possession during the pendency of their suit O.S.No.136 of 1981 and therefore, sought amendment of plaint to seek relief for possession. THE amendment was allowed and the respondents? suit for permanent injunction was amended to that for possession. THE trial Court held in favour of the respondents on almost all the issues but dismissed the suit on the ground that it does not disclose the cause of action for seeking relief of possession and consequently, decreed the appellants? suit O.S.No.172 of 1981 for injunction. On appeals, the lower appellate Court has revered the said decree and while decreeing the suit of the respondents for possession had dismissed the appellants? suit for injunction; hence, these second appeals.

(3.) THE second appeals were admitted on 16.04.1999 on the following question: