GANAPURAM BRAMARAMBA Vs. ANNEPARTHY ANANTHARAMAIAH

JUDGEMENT

(1.) Parties are referred to as arrayed in the suit.

(2.) Defendants in O.S. No.93 of 1996 on the file of Junior Civil Judge, Miryalaguda are appellants herein. Plaintiffs' filed the suit against the defendants for permanent injunction in respect of 'A' & 'B' suit schedule properties. According to them, the first plaintiff is in possession and enjoyment of plaint "A' schedule property comprising Ac.20.10 guntas and the second plaintiff is in possession and enjoyment of plaint 'B' schedule property over an extent of Ac.4.15 guntas. The defendants disputed the claim of the plaintiffs'. According to them, both the items of property were held by one Mr. Narayana Rao and after his death, they have succeeded to his rights. It was their case that they never parted with the land in any manner and taking advantage of their close relationship with the family, plaintiffs 1 and 2 filed this suit.

(3.) The first plaintiff was examined in part as P.W.1. Since he was not subjected to further chief and cross-examinations, his evidence was eschewed. Thereafter, P.Ws.2 to 6 were examined and documents Exs.Al to A66 were marked. On behalf of defendants. D.Ws.l to 6 were examined and documents Exs.Bl to B24 were marked. The Trial Court recorded a finding that the plaintiffs are in possession and enjoyment of the property and thereby decreed the suit through its judgment dated 22.6.2001. Aggrieved thereby, the defendants filed A.S. No.19 of 2001 on the file of Senior Civil Judge, Miryalaguda and the same was dismissed through judgment dated 25.8.2003.