MARISETTI NAGESWARA RAO Vs. LOKAM VENKATESWARA RAO

JUDGEMENT

(1.) As the issue involved in both the cases is one and the same, they are being taken up for hearing as well as disposed of by way of this Common judgment.

(2.) Second Appeal No.372 of 2009 is filed by the appellant/1st defendant, aggrieved by the judgment and decree dtd. 25/2/2009 made in A.S.No.1 of 2005 on the file of the Court of Principal Senior Civil Judge, Tenali, dismissing the Appeal filed by the appellant and 7th respondent/2nd defendant by confirming the decree and judgment dtd. 24/11/2004 made in A.S.No.451 of 2001 on the file of Principal Junior Civil Judge, Tenali directing the plaintiffs declaring that ABCD channel is a joint channel from AD point and till Northern point towards BC side and upto the Northern boundary of the land of 1st plaintiff comprising in D.No.332/2 as shown in the plaint plan and granting permanent injunction restraining the defendants and their men from using the ABCD channel upto point located abutting the Northern boundary of the land of the 1st plaintiff in D No.332/2 as shown in the plaint plan and granting permanent injunction restraining the defendants and their men from using the ABCD channel upto point located abutting the Northern boundary of the land of the 1st plaintiff in D.No.332/2.

(3.) Originally the suit in O.S No.451 of 2001 was filed by the plaintiffs for declaration that they are having right to take water through ABCD A1 A2 X1 X2 and E F G A2 channel for irrigating their lands from the bore-well as well as the canal shown in the plaint plan and for consequential permanent injunction restraining the defendants from interfering with their right to use and take water through the said channels which are situated to the east of the plaintiffs and defendants land.