SHAIK MAHABOOB ALI BASHA Vs. SHAIK ASHRAFUNNISSA

JUDGEMENT

(1.) This second appeal under Section 100 CPC is filed against the judgment and decree passed by the Court of Principal District Judge, Kadapa, in AS No. 15 of 2007. The appeal, in rum, arose out of a claim petition filed under Rule 58 of Order XXI CPC.

(2.) Briefly stated the facts, that gave rise to the second appeal, are as under :

(3.) The appellant filed OS No.321 of 1985 in the Court of IV Additional Junior Civil Judge, Kadapa, against the 2nd respondent and others, for the relief of declaration of title and recovery of possession of the suit schedule property. He pleaded the relevant facts, as regards his title. It is alleged that the 2nd respondent has encroached upon it. The suit was resisted by the 2nd respondent alone. He stated that the suit schedule property was purchased by his wife, the 1 st respondent herein, and that he is in possession of the same on the basis of title, Other defendants in the suit did not context. The trial Court decreed the suit, on 23.7.1990. AS No.82 of 1990 preferred against it in the Court of II Additional District Judge, Kadapa, was dismissed on 21.12.1992. SA No.285 of 1993 was dismissed by this Court, on 1.3.2002. After the decree became final, the appellant filed EP No. 192 of 2003 for recovery of possession.