LAWS(APH)-2025-1-162

GADDAM BHIKSHAM Vs. GARIKAMUKKU SARVESWARA RAO

Decided On January 28, 2025
Gaddam Bhiksham Appellant
V/S
Garikamukku Sarveswara Rao Respondents

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure ("C.P.C." for short) is filed aggrieved against the Judgment and decree, dtd. 7/12/2011 in A.S.No.278 of 2010, on the file of the Principal District Judge, West Godavari at Eluru, reversing the Judgment and decree, dtd. 4/8/2010 in O.S.No.689 of 2005, on the file of I Additional Junior Civil Judge, Eluru.

(2.) The appellant Nos.1 to 8 herein are defendant Nos.2, 3, 5 to 10, 1st respondent herein is plaintiff and respondent Nos.2 to 4 herein are defendant Nos.1, 4 and 11 in O.S.No.689 of 2005, on the file of I Additional Junior Civil Judge, Eluru. It is to be here that the appellant Nos.2, 6 and 7 herein died during the pendency of this appeal and their legal representatives are brought on record as appellant Nos.9 to 14; 15 and 16 & 17 respectively.

(3.) The plaintiff initiated action in O.S.No.689 of 2005, on the file of I Additional Junior Civil Judge, Eluru, with a prayer for declaring the title of the plaintiff to the schedule property as lawful owner and for consequential permanent injunction restraining the dependents, their men and followers from interfering with the peaceful possession and enjoyment of the plaint schedule land and for costs.