K ABDUL RAHEEM Vs. HAJEERAPPA

JUDGEMENT

(1.) Heard Sri Laxmi Narayana Reddy representing the appellants and Sri Yadaiah representing the respondents. The unsuccessful plaintiff K. Abdul Raheem being aggrieved by the reversing judgment dated 28.12.1996 made in AS No.16 of 1990 on the file of the Subordinate Judge, Gooty, had preferred the present second appeal. The said Abdul Raheem died pending appeal and the Appellants 2 to 7 were brought on record as the legal representatives of the deceased first appellant by an order dated 22.1.2003 in CMP No.24519 of 2002.

(2.) For the purpose of convenience, the parties will be referred to as arrayed in OS.No.230 of 1982 on the file of the District Munsif Magistrate, Gooty.

(3.) The plaintiff filed the suit against the defendants for the relief of permanent injunction. The Court of first instance by judgment, dated 24.8.1987 had recorded a finding that the plaintiff had established his possession relating to the plaint schedule property and decreed the suit. Aggrieved by the same, the defendants carried the matter by way of appeal in AS No.16 of 1990 on the file of the Subordinate Judge, Gooty and the learned Judge by judgment dated 28.12.1996 had reversed the same and aggrieved by the same, the present second appeal is preferred.