HYDER VALLI Vs. G VENKATRAMANA

JUDGEMENT

(1.) THE unsuccessful defendants had preferred this Second Appeal assailing the decree and judgment dated 24.03.2008 of the learned II Additional District Judge, Madanapalle of Chittoor District, made in A.S. No. 15/2007 whereby the learned Additional District Judge, while partly allowing the said First Appeal had partly set aside the judgment and decree dated 30.11.2006 of the learned Junior Civil Judge, Thamballapalle, made in OS. No. 24/2003 filed for declaration of title of the plaintiffs and other reliefs in respect of land in an extent of Ac.1.50 cents out of Ac.6.70 cents of land in Survey No. 484/1 of Boorlapalli village, which is more fully described in the schedule annexed to the plaint. At the time of the admission of the Second Appeal, this Court had taken note of the substantial questions of law mentioned in the grounds 1 and 2 and the said substantial questions of law as mentioned in the grounds of objection read as follows:

(2.) I have heard the submissions of the learned counsel for both the sides. I have perused the material record.

(3.) THE respondents/plaintiffs (for short 'the plaintiffs') filed the suit originally for a perpetual injunction in respect of two items of the plaint schedule property. Later, the amendment of the plaint was sought, and in the amended plaint the plaintiffs sought the relief of declaration of title only in respect of second item i.e., Ac. 1.50 cents out of Ac.6.70 cents land in Survey No. 484/1 of Boorlapalli village and a consequential perpetual injunction or in the alternative recovery of possession of the said land along with the bore well said to have been installed by the plaintiffs in the said land.