JAJULA KOTESHWAR RAO Vs. RAVULAPALLI MASTHAN RAO

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India challenging the order dated 29.10.2014 in IA No. 1761 of 2014 in OS No. 817 of 2006 of the Principal Junior Civil Judge, Ongole, Prakasam District. The petitioner herein is the defendant in the above suit. The respondent filed the said suit against the petitioner for declaration of his right in the plaint schedule property and for consequential mandatory injunction directing the petitioner to remove XXI wall constructed in the schedule site shown in the plaint plan.

(2.) According to the respondent/plaintiff at a place shown as XXI in the plaint plan, there was previously a mud wall existing, which was the wall of the petitioner, but the said mud wall was removed and another wall was constructed with a width of 9 inches at the same place, and in doing so, the petitioner occupied the site belonging to the respondent and his family at the time when they are away on pilgrimage to Tirupathi.

(3.) Written statement was filed by the petitioner opposing the suit claim and contending that the wall XXI was not correctly shown in the plaint plan. He denied that previously there used to be a mud wall and the same has been removed and the present wall has been constructed with a width of 9 inches. He alleged that in the plaint plan, the respondent had not shown the extent of the respondent's property or its measurements, that it was a vague and misleading plan and therefore the respondent is not entitled to any relief in the suit.