CHILAKA RUKMA REDDY Vs. KISTAPATI LAXMA REDDY

JUDGEMENT

(1.) Respondents 1 and 2 filed O.S.No.30 of 1995 in the Court of Junior Civil Judge, Miryalaguda against the appellant and two others for the relief of permanent injunction in respect of the suit schedule property. Through its judgment, dated 11.09.2000, the trial Court dismissed the suit. Respondents 1 and 2 filed A.S.No.18 of 2000 in the Court of the Senior Civil Judge, Miryalaguda. The first appellate Court allowed the appeal through its judgment, dated 30.10.2003 and granted permanent injunction. The 1st defendant filed this second appeal challenging the judgment and decree of the first appellate Court in A.S.No.18 of 2000. He died after the appeal was presented and his legal representatives are brought on record as appellants 2 to 5.

(2.) Sri P.Prabhakar Rao, learned counsel for the appellant submits that the trial court had dismissed the suit, recording a finding that respondents 1 and 2 are not in possession and enjoyment of the suit schedule property and unless the said finding was set aside, it was not open for the first appellate court to allow the appeal and grant permanent injunction. The learned counsel also submits that the first appellate court did not frame any points for consideration nor discussed the entire aspects of the matter.

(3.) Sri Madhav Reddy, learned counsel for respondents 1 and 2 submits that the trial court did not take into account the material facts as well as the sale deed of respondents 1 and 2, in respect of the land in S.No.645, and that the claim of the appellants was only in respect of a different land in S.No.646. He submits that the findings recorded by the trial court were discussed by the first appellate court and that it reversed the same on the basis of the evidence on record.