SALLA ESWARAMMA Vs. C SUBBA REDDY

JUDGEMENT

(1.) THE petitioner is the plaintiff who filed the suit O. S. No. 288 of 2004 on the file of the Additional Senior Civil Judge, Chittoor for grant of permanent injunction restraining the respondent herein from interfering with her possession and enjoyment of the suit schedule property situated in Sy. No. 246/1 of Irala village and Mandal, Chittoor District in an extent of Ac. 0-07 cents out of Ac. 1-54 cents with well and bore well therein with 5 HP Motor and pump set connected to the Service Connection No. 438 within the specified boundaries.

(2.) THE said suit was originally filed in the Court of Il-Additional Senior Civil Judge, Chittoor, thereafter, it was transferred to the Court of Additional Senior Civil Judge, Chittoor. It is stated that the respondent/defendant in the said suit also filed O. S. No. 94 of 2004 on the file of the Additional Senior Civil Judge, Chittoor against the petitioner herein and one Cheekala Kannaiah Reddy for grant of permanent injunction, restraining the defendants therein i. e. , the petitioner herein and Cheekala Kannayya Reddy from interfering with his peaceful possession and enjoyment in respect of Ac. 1-13 cents out of the total extent of Ac. 1-54 cents in Sy. No. 246/1, but the name of the village is mentioned as Reddivaripalfe village, Irala Mandal, Chittoor district together with two wells and four bore wells connected with service connection Nos. 50 and 1359 and two Texmo Mono block Motors.

(3.) OPPOSING the said application, a counter has been filed, denying the allegations about the ploughing of the suit land high handedly and submitted that Advocate-Commissioner was already appointed in respect of the same subject matter in O. S. No. 94 of 2004 and the Advocate-Commissioner filed his report in the said suit, therefore appointment of Advocate Commissioner again will lead to multiplicity of proceedings with two conflicting reports in respect of the same subject matter between the same parties.