LAWS(APH)-2014-2-143

KODALI RAJENDRA PRASAD Vs. BANDARU NEPOLEON

Decided On February 07, 2014
Kodali Rajendra Prasad Appellant
V/S
Bandaru Nepoleon Respondents

JUDGEMENT

(1.) The respondents filed O.S.No.2178 of 2006 in the Court of II Additional Junior Civil Judge, Guntur against the appellants for the relief of mandatory injunction to remove the structures on the road, marked as EFGC in the plaint plan and for perpetual injunction to restrain the appellants from interfering with the possession of the respondents to use the road for ingress and egress and to let rain and drain water into the lane.

(2.) The respondents pleaded that the lane shown in the plaint plan is the common facility available not only for them and the appellants, but also others. They have made reference to the documents, through which they have acquired their property and the manner in which they have been using the lane.

(3.) The appellants filed a written statement opposing the suit. It was pleaded that the so-called lane is part of the property purchased under the relevant documents. They pleaded that a bathroom was constructed by them within their property and that there are no merits in the suit.