LAWS(APH)-2003-9-63

CHENNA REDDY Vs. D VENKATA REDDY

Decided On September 26, 2003
CHENNA REDDY Appellant
V/S
D.VENKATA REDDY Respondents

JUDGEMENT

(1.) The appellant herein, Chenna Reddy, the 1st defendant in O.S.No.60/92 on the file of Principal junior Civil Judge, Hindupur and 1 st respondent in A.S.No.27/99 on the file of Senior Civil Judge, Hindupur, had preferred the present Second Appeal, aggrieved by the reversing Judgment and decree made in A.S.No.27/99 on the file of Senior Civil Judge, Hindupur.

(2.) The respondent herein, Venkat Reddy filed O.S.No.60/92 on the file of the Principal Junior Civil Judge, Hindupur for the relief of permanent injunction relating to the plaint schedule property as against defendants 1 to 3. The 3rd defendant was set ex parte. The appellant 1 st defendant filed written statement and an adoption memo was filed by the 2nd defendant.

(3.) On the strength of the respective pleadings of the parties, lssues were settled. In the Court of first instance, on behalf of the respondent/plaintiff, P.W.1 to P.W.3 were examined and Exs.A-1 to A-5 were marked. Likewise, on behalf of the defendants 1 and 2, D.W.1 to D.W.3 were examined and Exs.B-1 to B-8 were marked. On appreciation of the oral and documentary evidence, the Court of first instance had dismissed the suit, with costs. Aggrieved by the said Judgment and decree, the plaintiff had carried the matter by way of Appeal A.S.No.27/99 on the file of Senior Civil Judge, Hindupur and the appellate Court had allowed the appeal with costs, setting aside the Judgment and decree of the Court of first instance. The 1st defendant/1 st respondent, aggrieved by the same, had preferred the present Second Appeal.