KOTHAPALLI JAGAPATHIRAMYYA Vs. VYTLA SRINIVAS

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure is filed aggrieved against the judgment and decree, dtd. 13/7/2018, in A.S.No.01 of 2015, on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District, reversing the judgment and decree, dtd. 21/8/2014, in O.S.No.125 of 2010, on the file of the Principal Junior Civil Judge Court, Ramachandrapuram, East Godavari District.

(2.) The plaintiff initiated action in O.S.No.125 of 2010, on the file of the Principal Junior Civil Judge Court, Ramachandrapuram, East Godavari District, with a prayer for declaration of right and title over the plaint schedule property and for consequential permanent injunction restraining the defendants with the peaceful possession and enjoyment of the plaintiffs over the plaint schedule property and for costs.

(3.) The learned Principal Junior Civil Judge Court, Ramachandrapuram, East Godavari District, dismissed the suit without costs. Felt aggrieved of the same, the unsuccessful plaintiff in the above said suit filed the aforesaid appeal before the first appellate Court. The learned Senior Civil Judge Court, Ramachandrapuram, East Godavari District, allowed the appeal without costs by setting aside the judgment and decree passed by the learned trial Judge. Aggrieved thereby, the defendants approached this Court by way of second appeal.