AKKI TIRUPATHAIAH Vs. YEDLAPALLI SUBBA RAO

JUDGEMENT

(1.) Plaintiff is the appellant in this appeal filed under Sec. 100 of Code of Civil Procedure (C.P.C.). Respondent No.1 is the original defendant in the suit. Respondent Nos.2 and 3 are added in this Court by virtue of orders dtd. 10/2/2020 in I.A.No.2 of 2019.

(2.) O.S.No.768 of 2006 is a suit where the prayer of the plaintiff was for a mandatory injunction seeking removal of two taps erected at point H1 and L and pipeline erected between these points in a length of 20 feet and a depth of 1 feet under the ground as defendant made such arrangements by encroaching into plaint schedule property. A further prayer was made to fix the boundaries between both parties in accordance with plaint plan. After due trial, learned I Additional Junior Civil Judge, Guntur by a judgment dtd. 17/6/2009 decreed the suit in favour of the plaintiff. Aggrieved defendant preferred A.S.No.373 of 2009. Learned III Additional District Judge, Guntur, by a reasoned judgment, allowed the appeal and set aside the trial Court judgment and consequently dismissed O.S.No.768 of 2006. It is in those circumstances, the plaintiff has preferred this second appeal.

(3.) On 3/2/2010 a learned Judge of this Court admitted the second appeal on these two following substantial questions of law: