HARIJANA CHINNA NARASIMHULU Vs. HARIJANA ESTHERAMMA

JUDGEMENT

(1.) THE defendant in OS No. 784 of 2002, on the file of the II Additional junior Civil Judge, Kurnool. This second appeal is filed aggrieved by the reversing judgment and Decree passed by the Court of the V additional District Judge (Fast Track Court), Kurnool in AS No. 109 of 2003.

(2.) THE respondent filed the suit for the relief of declaration of title and for permanent injunction in respect of the area marked as 'cdef' in the plaint sketch. She pleaded that she was initially assigned a Plot No. 62 (old 64) in Bapuji Nagar, Kurnool in the year 1977, and that she raised certain structures in an open area infront of the plot. It was alleged that the appellants who are the immediate neighbours on the northern side have raised an objection for that and two suits being OS no. 116 of 1995 and OS No. 196 of 1996 came to be filed in the Court of the II Additional Junior Civil Judge in relation thereto. She pleaded that when her claim, vis-a-vis, the said portion of the land in front of her plot was not accepted by the Court, she approached the MRO for assignment of the same, and through proceedings dated 26-4-1999, he assigned the marked portion in her favour and despite the same, the appellants were interfering with her portion.

(3.) THE appellants pleaded that in the earlier round of litigation the courts have recorded a definite finding to the effect that the marked portion is part of the common lane, and after suffering judgment, the respondent managed to obtain a patta. It was also pleaded that grant of patta in respect of a portion, which was found to be part of lane does not confer any title on the respondent, nor disable them from using the lane for their convenience.