PASALA KRISHNA MURTHY Vs. ADAKA KOTAIAH (DIED)

JUDGEMENT

(1.) CIVIL MISCELLANEOUS APPEAL No.213 of 2022 Plaintiffs in O.S.No.49 of 1993 filed the above Civil Miscellaneous Appeal under Order XLIII Rule 1 (u) of CPC, against the judgment and decree dtd. 31/3/2022 in A.S.No.7 of 2010 on the file of Senior Civil Judge, Addanki, remanding the matter to the trial Court by setting aside the judgment and decree dtd. 22/1/2010 in O.S.No.49 of 1993 on the file of Principal Junior Civil Judge, Addanki.

(2.) Defendants in O.S.No.92 of 1998 filed the above Civil Miscellaneous Appeal under Order XLIII Rule 1 (u) of CPC, against the judgment and decree dtd. 31/3/2022 in A.S.No.8 of 2010 on the file of Senior Civil Judge, Addanki, remanding the matter to the trial Court by setting aside the judgment and decree dtd. 22/1/2010 in O.S.No.92 of 1998 on the file of Principal Junior Civil Judge, Addanki.

(3.) Since the nature of dispute involved in both the appeals is one and the same, this Court deems it appropriate to dispose of the same by a common judgment. Both the suits were seeking relief of injunction and hence they were tried together, and common judgment was pronounced by the Trial Court. In appeal, on the same day by two separate judgments Appellate Court allowed both the appeals by setting aside the judgements and remanded the suits to Trial Court.