CHANGANTI SUBBA RAO Vs. THIMMARAJI SATYANARAYANA

JUDGEMENT

(1.) Defendants 3 to 9 in O.S.No.13 of 1986, on the file of the District Munsif, Parchur, filed this Second Appeal, aggrieved by the judgment and decree in A.S.No.37 of 1987, of the Court of Subordinate Judge, Chirala. The respondent herein is the sole plaintiff.

(2.) The respondent filed the suit, initially for the relief of mandatory injunction, against the 1st appellant and two others, by name Kolla Tirupatirayudu and Battula Subbaiah. Tirupatirayudu died during the pendency of the suit. His legal representatives, appellants 2 to 7 were brought on record.

(3.) It was pleaded that the lands of the respondent are adjoining those of the appellants in Sy.No.515 of Parchur village, and there existed a channel, marked as ABCDEF in the plaint plan, to enable the flow of rain water, into the drain channel, on the northern side, and that the same was closed by the appellants, four months prior to the filing of the suit. The location of the lands of the respondent, appellants and the neighbouring owners, were shown in the plaint plan. At a subsequent stage, the respondent amended his plaint, to include the plea of declaration to the effect that he is entitled to drain off the water from his land, through the channel, marked in the plaint plan.