LAWS(APH)-2023-1-86

POLIMERA BHARATHI Vs. KAYAPATI LAXMIDEVI

Decided On January 18, 2023
Polimera Bharathi Appellant
V/S
Kayapati Laxmidevi Respondents

JUDGEMENT

(1.) The Plaintiff filed suit against the defendants for declaration of right and title over plaint A and B Schedule properties, for recovery of possession, mandatory injunction, removal of the structures made in Schedule-A and Schedule B properties and the compound wall constructed around Schedule A and B properties and for consequential relief of permanent injunction restraining the defendants and their men from over interfering with and disturbing in any way from the peaceful and lawful possession over the plaint B Schedule properties and for cost of the suit.

(2.) The detailed facts of the suit averments are not necessary for dispose of the Civil Miscellaneous Appeal. The Trial Court has framed the following issues:

(3.) After considering the evidences adduced by both the parties, the trial court negative all the issues and eventually dismissed the suit filed by the plaintiff. Aggrieved by the said judgment and decree dtd. 12/12/2014 in O.S. No.58 of 2009 passed by the Junior Civil Judge, Tadipatri, the Plaintiff filed the appeal before lower appellate court. It was numbered as Appeal Suit No. 1 of 2015. The Lower Appellate Court by an order dtd. 11/8/2015 has remanded the matter to the trail court.