I VASAMSETTY SURYA RAO Vs. VASAMSETTY DURGAYYA

JUDGEMENT

(1.) The appellants herein are the defendants and respondents are the plaintiffs who filed the suit O.S.No.826 of 1988 on the file of the Principal Junior Civil Judge, Kakinada. The parties are hereinafter referred to as they are arrayed in the suit.

(2.) The plaintiffs filed the suit for declaration of title and for consequential permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaint schedule property and also for mandatory injunction, directing the defendants to remove the unauthorised and illegal construction made on the south-west corner of the plaint schedule land and also to grant a decree for delivery of the vacant possession of the plaint schedule land, which was in occupation of the defendants, after ejecting the defendants from the suit land.

(3.) The said suit was decreed by the Judgment and decree dated 28-6-1996, against which, the defendants filed A.S.No.90 of 1996 on the file of the IV Additional District Judge, Kakinada. The said appeal was dismissed by the Judgment dated 19-11-1997, confirming the Judgment and decree of the trial Court. Aggrieved by the said Judgment, the defendants preferred the present Second Appeal.