(1.) This appeal is directed against the decree and judgment dated 23.2.2004 passed in AS No. 39 of 2002 by the IE Additional District Judge, (FTC -II), Khammam, whereby and whereunder the appellate Judge has confirmed the judgment and decree dated 23.9.1998 passed in OS No. 60 of 1996 by the Senior Civil Judge, Kothagudem. The appeal is admitted on the following question of law. Whether the plaintiff can maintain a suit seeking for injunction against the real owner asserting the possession and seeking protection from the Court.
(2.) The learned Senior Counsel Sri B.V. Subbaiah on behalf of Sri G.S. Sanghi, learned Counsel for the appellant and Sri C.V. Mohan Reddy on behalf of Sri V. Ramakrishna Reddy, learned Counsel for the respondents elaborate arguments and cited several decisions.
(3.) Before dealing with the substantial question of law raised in this appeal, it is necessary to refer to the basic facts.