BILLA CHENNAIAH Vs. BATHULA VENKATA NAGESWARA RAO

JUDGEMENT

(1.) Defendants in the suit filed this second appeal under Sec. 100 C.P.C. Respondent herein is the plaintiff in the suit. The property in dispute between the parties is described in the plaint schedule as 1,000 square foot of vacant site with a thatched hut in it situate in Survey No.3 of Daravari Thota in Ongole of Prakasam District. Plaintiff filed O.S.No.889 of 2005 seeking for permanent injunction as against the defendants. After due trial, the suit was dismissed. Aggrieved of it, plaintiff preferred A.S.No.129 of 2013 and the learned VII Additional District Judge, Ongole allowed the appeal and decreed the suit and thus, it granted permanent injunction in favour of the plaintiff and against the defendants. Aggrieved by it, the defendants in the suit preferred this second appeal.

(2.) A learned judge of this Court on 1/5/2015 admitted this second appeal on the following substantial questions of law.

(3.) The above questions have arisen in the context of the following facts: