K JAMAL KHAN Vs. CUDDAPAH MUNICIPALITY

JUDGEMENT

(1.) Heard the Counsel.

(2.) The following substantial questions of law arise for consideration in this Second Appeal :

(3.) The unsuccessful plaintiffs aggrieved by the reversing Judgment and Decree made in A.S.No.33/94 on the file of II Additional District Judge, Cuddapah had preferred this Second Appeal. The first appellant died and appellant No.3 was brought on record by order dated 17-3-1997 in C.M.P.No.19260/96. The respondent herein is the defendant in O.S.No.l 11/90 on the file of Principal District Munsif, Cuddapah. The defendant in the said suit is Cuddapah Municipality, represented by its Commissioner and it is stated that at present it is Cuddapah Municipal Corporation. The suit was filed for the relief of permanent injunction and the Court of first instance on settlement of Issues, recorded the evidence of P.W.I to P.W.2 and D.W.1, marked Exs. A-l to A-6 and ultimately decreed the suit. Aggrieved by the same the matter was carried by way of Appeal A.S.No.33/90 on the file of II Additional District Judge, Cuddapah by the then Cuddapah Municipality and the learned Judge having arrived at a conclusion that the plaint schedule site belongs to the Government and a suit of this nature as against the defendant Municipality without impleading the Government of Andhra Pradesh as a party cannot be maintained, allowed the Appeal. Aggrieved by the same, the present Second Appeal is preferred.