LAWS(APH)-2004-8-112

STATE OF A P Vs. B VENKATAMMA

Decided On August 03, 2004
STATE OF ANDHRA PRADESH Appellant
V/S
B.VENKATAMMA Respondents

JUDGEMENT

(1.) The Appellant-State of Andhra Pradesh, represented by its District Collector, Hyderabad is the defendant in the suit filed by the respondents herein in O.S. No.1486 of 1985 on the file of the II-Additional Judge, City Civil Court, Hyderabad. The suit was filed for a declaration, declaring that the Plaintiffs 1 to 8 are absolute owners of the plaint schedule property and for consequential decree in their favour and against the defendant for a perpetual injunction, restraining the defendant and its subordinates from interfering with the possession and enjoyment of the Plaintiffs 1 to 8 over the plaint schedule property. The Trial Court dismissed the said suit by the judgment and decree dated 23-2-1994. Against which, the plaintiffs filed A.S. No.44 of 1994 on the file of the n-Additional Chief Judge, City Civil Court, Hyderabad. The Lower Appellate Court by the judgment and decree dated 21-3-1998 allowed the appeal and decreed the suit in favour of the Plaintiffs 1 to 8. Aggrieved by the said judgment of the Lower Appellate Court, the defendant-State filed the present second appeal. The parties herein are referred to as they are arrayed in the Original Suit.

(2.) While admitting the second appeal, the substantial question of law that arises for consideration in the second appeal is formulated as follows:

(3.) Except the aforesaid substantial question of law that was formulated while admitting the second appeal, no other substantial question of law has been raised or formulated.