KORIVI @ KILARU UDAYA LAKSHMI Vs. VALLURU SAMBASIVA RAO

JUDGEMENT

(1.) The present Civil Revision Petitions are filed questioning the Orders dtd. 20/1/2023 passed in I.A.Nos.566, 565 and 567 of 2022 respectively in O.S.No.854 of 2016 by the II Additional Senior Civil Judge, Vijayawada, Krishna District, in rejecting the applications to reopen, recall and to receive the additional documents.

(2.) The Petitioner is the Plaintiff. The suit O.S.No.854 of 2016 was filed for mandatory injunction against the Defendant No.1/Respondent No.1 to remove the illegal construction made in the 1st floor of the building of the Defendant No.1/Respondent No.1 and consequently directing the Defendant No.2 i.e. Municipal Corporation to remove the constructions made in the setback area on the southern side of the building or demolish the building constructed by the Defendant No.1/Respondent No.1 in violation of the plan and for consequential reliefs.

(3.) The Petitioner/Plaintiff is the owner of up-stair building in an extent of 351 Sq. Yards bearing D.No.67-3-5 constructed in the year 2006 with the approved plan. The Petitioner/Plaintiff claims title to the property through a Partition Deed dtd. 21/12/2015 registered vide document bearing No.8170/2015. It is her case that the construction made by the Defendant No.1/Respondent No.1 deprived the Petitioner/Plaintiff of enjoying the northern portion of the building. The Petitioner/Plaintiff pleaded that the building was constructed in violation of the Building Rules by not leaving any setbacks on all four sides of the building, which is touching the compound wall of the Petitioner/Plaintiff. The Petitioner/Plaintiff got issued a notice on 9/10/2016 to the Respondent Nos.1 and 2/Defendant Nos.1 and 2 and as no action was initiated by the Respondent No.2/Defendant No.2- Municipal Corporation, the Petitioner/Plaintiff filed the suit for the above mentioned reliefs.