MUSUNURU NAGESWARA RAO Vs. THOTA VEKATESWRLU

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure is filed aggrieved against the judgment and decree, dtd. 28/10/2017, in A.S.No.25 of 2012 on the file of the XI Additional District Judge, Tenali, Guntur District, reversing the judgment and decree, dtd. 29/11/2011, in O.S.No.73 of 2006 on the file of the Principal Senior Civil Judge, Tenali.

(2.) Originally, the trial Court clubbed both the suits O.S.Nos.73 of 2006 and 27 of 2009. O.S.No.73 of 2006 was filed by the plaintiff for seeking the relief of possession of the plaint schedule property and also for recovery of damages as prayed in the plaint. O.S.No.27 of 2009 was filed by the 3 rd defendant in O.S.No.73 of 2006 for seeking the relief of cancellation of registered gift settlement deed said to have been executed by the 3rd defendant herein in favour of the plaintiff herein. The learned trial Judge clubbed both the suits and a common judgment was pronounced in both these suits and O.S.No.73 of 2006 was decreed partly by granting possession of the plaint schedule property to the plaintiff and the relief of recovery of damages was dismissed. The learned trial Judge dismissed the suit filed by the 3rd defendant herein vide O.S.No.27 of 2009, against which no appeal was preferred by the plaintiff in the said suit. Therefore, the said finding in O.S.No.27 of 2009 reached its finality. Aggrieved against the judgment and decree passed in O.S.No.73 of 2006, A.S.No.25 of 2012 was filed by the defendants 1 to 3 in the suit. The learned first appellate Judge allowed the appeal by setting aside the judgment and decree passed by the learned trial Judge. Aggrieved thereby, the plaintiff approached this Court by way of second appeal.

(3.) The appellant herein is the plaintiff and the respondents are defendants 1 to 3 in O.S.No.73 of 2006.