THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
SECOND APPEAL No. 100 of 2021
JUDGMENT:
Respondent filed O.S.No.118 of 2012 in the Court of Principal Junior Civil Judge, Armoor, against respondent alleging his interference with respect to suit plots bearing No.1 to 7, 12 and 13 covered by Survey Nos.10 and 11 situated at Bheemgal Village and Mandal, Nizamabad District. It is not in dispute that both the parties have claimed right in the suit schedule property through registered sale deeds. It is also not in dispute that the respective vendors of the parties had filed cases against each other on earlier occasion and they were ended in dismissal. The trial Court by recording a categorical finding that the suit schedule property, which is being claimed by the respondent/plaintiff, and the property that is being claimed by the appellant/defendant are different and the documentary evidence adduced proves that the respondent is in possession of the suit schedule property as on the date of filing of the suit, decreed the suit vide judgment dated 14.03.2018, aggrieved by which, the appellant filed A.S.No.37 of 2018 in the Court of XI Additional District and Sessions Judge, Nizamabad. The lower appellate Court concurred with the said judgment and thereby, dismissed CKR, J 2 S.A.No.100 of 2021 the said appeal vide judgment dated 17.03.2021. Challenging the same, the defendant filed this Second Appeal.
It is to be noted that the respondent filed O.S.No.118 of 2012 only for simplicitor injunction. It is also to be noted that as the appellant is disputing the title over the suit schedule property, proper course for him is to file a suit for declaration, as clarified by the Apex Court in P. Buchi Reddy and others v. Ananthula Sudhakar1.
In the light of the above, this Court is of the opinion that no question of law, much less, any substantial question of law would arise in this Second Appeal.
Accordingly, leaving it open to the appellant to workout the remedies as may be available to him under law, this Second Appeal is dismissed.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J 7th JUNE, 2021.
kvni 1 (2008) 4 SCC 594