IMMEDISETTI LAKSHMI KUMARI Vs. BATCHU KONDAYYA GUPTHA

JUDGEMENT

(1.) THIS appeal is preferred against judgment dated 25 -8 - 2010 in A.S.No.20 of 2009 on the file of Principal Senior Civil Judge, Kakinda whereunder judgment dated 19 -12 -2006 in O.S.No.884 of 2000 on the file of First Additional Junior Civil Judge, Kakinada is confirmed.

(2.) APPELLANTS herein are defendants and respondents herein are plaintiffs in the above referred suit O.S.No.884 of 2000. Parties are herein after referred to as plaintiffs and defendants as arrayed in the suit for better understanding and convenience.

(3.) PLAINTIFFS filed O.S.No.884 of 2000 mandatory injunction directing defendants to restore lane shown as 'HIPG' to its original condition without any roof to allow passage of water from the rooms adjoining 'HI' wall portion into the drain which is in the lane, to grant mandatory injunction directing the defendants to remove the roof laid on the lane to receive light and air to the plaintiffs building, to grant mandatory injunction directing defendants to receive sun shades to the door and windows to the ground floor and to grant mandatory injunction directing defendants to remove the wall constructed in front of the door way in 'HI' wall, and other reliefs. Trial court on a consideration of oral evidence of P.W.1, documents Exs.A.1 to A.10, C.1 and C.2 and oral evidence of D.Ws.1 to 4, documents Exs.B.1 to B.3 decreed the suit in favour of the plaintiffs granting all the reliefs claimed by the plaintiffs and granted one month time. Aggrieved by the decree of the trial court, defendants preferred appeal to the first appellate court i.e., Principal Senior Civil Judge, Kakinada and the appellate court on a reappraisal of entire evidence confirmed the decree passed by the trial court and dismissed the appeal. Now aggrieved by the concurrent findings of both the courts, present Second Appeal is preferred.