BODA SUBBALASKHMI Vs. CHODISETTI SATYANARAYANA

JUDGEMENT

(1.) This second appeal under Sec. 100 Code of Civil Procedure is directed against the decree and common judgment in A.S.No.144 of 2001 dtd. 10/7/2003 on the file of the Court of learned IV Additional District Judge, East Godavari at Kakinada.

(2.) The appellant herein instituted the suit in O.S.No.374 of 1997 before the Court of learned I Additional Junior Civil Judge at Kakinada for declaration of her title over the balcony portion (covered varanda portion) in the 1st floor of C D E F passage of plaint plan, consequentially recovery of possession of the same after evicting the respondents herein therefrom and for permanent injunction restraining them from letting out any used or sullage water into said balcony portion and for costs.

(3.) Before adverting to the material and evidence on record and nature of findings in the judgment of the trial Court, it is necessary to scan through the case pleaded by the parties in their respective pleadings.