CHINNAREDDIGARI RANGA REDDY Vs. MARAKA SURYANARAYANA REDDY

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 14. 8. 2008 in E. P. No. 32 of 2003 in O. S. No. 32 of 1985 on the file of the Court of the Junior Civil Judge, Penukonda.

(2.) THE revision petitioners are the Judgment-Debtors 1 to 6, 9 and 11 to 14 whereas the 1st respondent herein is the Decree Holder in O. S. No. 32 of 1985. The respondents 2 to 4 herein are the Judgment - Debtors 7, 8 and 9.

(3.) THE defendants in their written statement denied the existence of any cart track. It was also claimed that they raised a Neem and Tamarind trees towards the western side of Sy. No. 5-1 which were covered by a fence. The Trial Court on an appreciation of the evidence adduced by both the parties decreed the suit with costs by judgment dated 10. 8. 1998. The appeal preferred by the defendants being A. S. No. 13 of 1998 on the file of the Court of Senior Civil Judge, Penukonda was dismissed and even S. A. No. 1067 of 2002 on the file of this Court ended in dismissal, thus confirming the judgment and decree of the trial Court in O. S. No. 32 of 1985.