POTHURI THULASIDAS Vs. POTRU NAGESWARA RAO

JUDGEMENT

(1.) This C.M.S.A., is filed against the judgment and Decree, dated 17.6.2002, passed by the Court of the Principal Senior Civil Judge, Narsaraopet, in A.S. No.9 of 2002. The subject-matter of A.S. No.9 of 2002 is an order passed in E.A. No.494 of 2001 by the Court of Junior Civil Judge, Chilakaluripeta.

(2.) The facts that gave rise to filing of the C.M.S.A., are as under: The appellant is the owner of a saw- mill installed in his land at Chilakaluripeta. The same was leased to the respondent in the year 1983. Thereafter, disputes arose between the appellant and the respondent. The appellant got issued notices terminating the lease. When he could not recover the possession, he filed O.S. No.104 of 1990, in the Court of Junior Civil Judge, Chilakaluripeta, initially, for the relief of restraining the respondent, by way of a permanent injunction, from removing the machinery of saw-mill, its equipment, tools, the zinc sheets shed, or from replacing them with any other sheets, and for restraining the respondent from running the saw-mill. Subsequently, he got the relief amended, to include a mandatory, injunction to restore the suit schedule property to its original position and for recovery of possession of the same.

(3.) After contest by the parties, the suit was decreed on 25.10.1999. Aggrieved thereby, the respondent filed A.S. No.67 of 1999, in the Court of the Principal Senior Civil Judge, Narsaraopet. The appeal was dismissed on 30.11.2000. Second Appeal No.54 of 2001 filed in this Court was also dismissed on 16.11.2001. Finally, he filed S.L.P., before the Supreme Court, and it was also dismissed on 13.12.2001.