KUNTA RAVINDER Vs. VEMULA VENKATESHWARLU

JUDGEMENT

(1.) The present Second Appeal is filed questioning the judgment and decree, dtd. 30/6/2023, passed by the Senior Civil Judge, Manthani in AS.No.24 of 2018, whereunder and whereby the judgment and decree dtd. 28/6/2018 passed by the Principal Junior Civil Judge, Manthani, in O.S.No.71 of 2011 was set aside.

(2.) The appellant is the defendant and the respondent is the plaintiff in the suit. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

(3.) The brief facts of the case, which led to filing of the present Second Appeal, are that the plaintiff is the absolute owner and possessor of the suit schedule property having acquired the same by way of a gift settlement executed by his wife-Vemula Jayamma on 5/9/2008, vide Document No.1690/2008. The said Jayamma acquired the suit land through one Ganta Gopal Reddy, in the ROR proceedings, dtd. 16/7/2006. While so, the defendant, without having any right whatsoever in the suit land, tried to dispossess the plaintiff and obstructed the construction work of the plaintiff on the suit land on 20/6/2011 and the plaintiff, with the help of neighbours, could resist the illegal acts of the defendant. Hence, the suit for perpetual injunction against the defendant in respect of the suit schedule property.