KRISHNA ANJANEYA SWAMY TEMPLE Vs. NESE RAMAN

JUDGEMENT

(1.) The defendant No.1 in O.S.No.38 of 1997 on the file of Additional Senior Civil Judge, Kurnool is the appellant, the respondent Nos.9 to 13 are the legal representatives of the deceased-1strespondent, who was the plaintiff in the suit. (1st respondent-Nese Ramana). The respondent Nos.2 to 5 are the defendant Nos.2 to 5 and the defendant Nos.6 to 8 are the legal representatives of the deceased-2ndrespondent.

(2.) The appellant and the respondent Nos.1, 9 to 13 herein after referred to as 1stdefendant and plaintiffs as arrayed before the appellate Court and trial Court.

(3.) The plaintiff/1strespondent-Nese Ramana instituted the suit against the defendant Nos.1 to 5, seeking relief of declaration that they are alone got title, interest in the plaint schedule property, who is entitled to be in possession of the plaint schedule property, and for delivery of vacant possession of plaint schedule land to him, and for mesne profits, which suit decreed by the trial Court, directing the defendants to vacate the land, and delivery vacant possession to the plaintiff No.1/1strespondent, within one month from the date of Judgment, dtd. 6/6/2005 or 15 days after standing crop if any in the land as on the date of Judgment is harvested, whichever is earlier, and giving opportunity to the 1stplaintiff/1strespondent to claim past and future mesne profits by way of separate applications. Then, the 1stdefendant/appellant herein preferred AS No.63 of 2005 on the file of I Additional District Judge, Kurnool, which was dismissed, vide Judgment, dtd. 9/3/2010 confirming the Judgment and Decree in OS No.38 of 1997 on the file of Additional Senior Civil Judge, Kurnool, dtd. 6/6/2005, and directing the defendants to vacate the land and deliver vacant possession to the plaintiff within one month from the date of the Judgment in the appeal. Against the Judgment and Decree in AS No.63 of 2005, the 1stdefendant presented the present appeal.