(1.) The defendant in O.S.Nos.741 and 742 of 1984, in the Court of I Additional Munsif Magistrate, Guntur, filed these two Second Appeals. During the pendency of the appeals, he died and his legal representatives were brought on record.
(2.) O.S.No.741 of 1984 was filed by the respondents in S.A.No.479 of 2004, for the relief of perpetual injunction, restraining the appellants and their men, from causing obstruction to use the common passage, marked as ABCD in the plaint schedule, for reaching their house from the bazaar. It was pleaded that the common passage is provided under a document, marked as Ex.A-2 dated 4.8.1934, for the common benefit of all the persons mentioned therein, and despite the same, the appellants have highhandedly prevented them from using the passage. The appellants, on the other hand, pleaded that the land covered by the passage is their exclusive property, and that the respondents do not have any right to use the same.
(3.) Respondents in S.A.No.480 of 1994 filed O.S.No.742 of 1984, against the appellants, seeking the relief of perpetual injunction, restraining the appellants from Jaying napa slabs in the suit schedule property, which is said to be a vacant land of 55 sq.yards. It was alleged that the said land was also covered by Ex.A-2, and was shown as the exclusive property belonging to the respondents, and that the appellants had highhandedly tried to lay slabs, treating it as their exclusive property. This suit also was resisted by the appellants, and it was pleaded that the suit schedule property was under use and occupation, for the last several years. The suits were clubbed, and through a common judgment dated 3.8.1989, the trial court dismissed them. Aggrieved thereby, the respondents filed A.S.Nos.171 and 172 of 1989, respectively, in the Court of III Additional District Judge, Guntur. The appeals were allowed through common judgment dated 1.8.1994. Hence, these two Second Appeals.