AKULA SANGAPPA Vs. BANDAM SIDDAPPA AND ORS.

JUDGEMENT

(1.) THIS Second Appeal under Section 100 of the Code of Civil Procedure, 1908 ('the Code', for brevity) by the unsuccessful 2nd defendant is directed against the decree and judgment dated 02.08.2010 of the learned Principal District Judge, Sanga Reddy of Medak District passed in A.S.no.1 of 2008. The learned Principal District Judge while allowing the said first appeal had set aside the decree and judgment dated 20.12.2007 of the learned Principal Junior Civil Judge, Sangareddy passed in O.S. No. 407 of 2003 and had decreed the said suit for perpetual injunction filed by the sole plaintiff against the defendants 1 and 2 in respect of Ac.1.33 guntas in Sy. No. 334/A/1 and another Ac.1.33 guntas in Sy. No. 334/A/2 totally admeasuring Ac.3.26 guntas at Munipally village and Mandal of Medak District more fully described in the schedule annexed to the plaint.

(2.) I have heard the submissions of the learned counsel for the appellant/2nd defendant ('the 2nd defendant', for brevity) and the learned counsel for the 1st respondent/plaintiff ('the plaintiff', for brevity). The 2nd respondent herein is the 1st defendant in the suit. I have perused the material record.

(3.) WHETHER the requirement of prima facie title is not material for granting perpetual injunction - (Reproduced verbatim)