FAKRUDDIN SAB Vs. KHAIRNUBI

JUDGEMENT

(1.) This Second Appeal, under Sec. 100 of the Code of Civil Procedure, 1908, is filed by the appellant/respondent/plaintiff assailing the decree and judgment, dtd. 5/2/2001, of the learned Senior Civil Judge, Hindupur, passed in A.S.No.26 of 1998.

(2.) The appellant/plaintiff filed O.S.399/1998 on the file of learned Junior Civil Judge's Court, Hindupur, against the respondent/defendant seeking the relief of permanent injunction, restraining the defendant and her men from interfering with the peaceful possession and enjoyment of the schedule mentioned plot bearing No.165 measuring 30x50 feet in S.No.118/2, 119/1-B and 119/4 within the boundaries, east-plot No.164 west and north-road and south-plot No.165-A and other houses. The learned trial Court vide judgment and decree dtd. 15/12/1997 decreed the suit. The respondent/defendant filed appeal in A.S.26/1998 on the file of learned Senior Civil Judge, Hindupur, challenging the judgment and decree of the learned trial Court.

(3.) The learned Senior Civil Judge, Hindupur, vide judgment and decree dtd. 5/2/2001 allowed the first appeal with costs, and thereby dismissed the suit in O.S.399 of 1998 on the file of learned Junior Civil Judge, Hindupur.