BOYA GANGANNA Vs. PERIKE JANAKI RAMULU

JUDGEMENT

(1.) plaintiffs in o.s. No. 151 of 1995, on the file of learned junior civil judge, mahabubnagar, are the appellants. They feel aggrieved by the judgment in a.s. No. 13 of 2000, on the file of learned ii additional district judge, mahabubnagar, dated 4.3.2004, reversing the judgment and decree dated 16.12.1999, in o.s. No.151 of 1995.

(2.) the appellants filed the suit against the respondent, for the relief of perpetual injunction in relation to ac.3.37 guntas of land in survey No. 209 of ramachandrapuram, hamlet of addakal village, mahabubnagar district. They pleaded title and possession over the land and complained that respondent was interfering with their possession. Earlier to this, the respondent filed o.s. No. 317 of 1994 in the same court against the appellants, for the relief of perpetual injunction in respect of ac.13. 37 guntas of land in the same survey number, including the subject-matter of o.s. No.151 of 1995. Through a common judgment, dated 16.12.1999, the trial court decreed o.s. No. 317 of 1994 and o.s. No.151 of 1995 in its entirety. Perpetual injunction was granted in o.s. No. 317 of 2004, only in respect of ac. 10.00, and as regards the balance, the suit was dismissed.

(3.) he respondent filed a.s. No.13 of 2000 in the court of learned ii additional district judge, mahabubnagar, aggrieved by the judgment and decree in o.s. No.151 of 1995. The lower appellate court allowed the said appeal.