Citation : 2024 Latest Caselaw 6588 AP
Judgement Date : 1 August, 2024
APHC010044922008
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3366]
(Special Original Jurisdiction)
THURSDAY, THE FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B SYAMSUNDER
SECOND APPEAL NO: 560/2008
Between:
Vasana Siva Parvathi and Others ...APPELLANT(S)
AND
Gadwala Alias Vada Sesha Sailaja and Others ...RESPONDENT(S)
Counsel for the Appellant(S):
1. A V SIVAIAH
Counsel for the Respondent(S):
1. M PITCHAIAH
2. K V SUBRAHMANYA NARUSU
The Court made the following:
Judgment:-
I have heard the he learned counsel for the appellant appellants Mr.A.V.Sivaiah as
well as learned counsel Mr.N.Nageswar Nageswar Rao, representing on behalf of
Mr.M.Pitchaiah, learned counsel for the respondent No.1.
2. Both sides have filed joint memo reporting settlement ettlement in view of the
report submitted by the Mandal Surveyor as per directions of this Court.
3. A perusal of joint memo filed by both sides which shows that appellants
herein who are plaintiffs in the suit are in possession and enjoyment of land to
an extent of Ac.0.74 cents in RS.No.44, Ac.2.68 cents in RS.No.45/1 and
Ac.0.18 cents in RS.No.45/2, in total to an extent of Ac.3.60 cents and also
Ac.1.32 cents in RS.No.45/1 belongs to the 2nd appellant/2nd plaintiff.
4. The first respondent/defendant No.1 is in possession and enjoyment of
Ac.1.00 cents of land in Rs.No.45/1 which was ear-marked by the Mandal
Surveyor as per his report. Both parties have agreed to enjoy their respective
lands as per Mandal Surveyor report which shall be part of record. As both
parties have agreed to enjoy their respective lands without interfering with the
lands of others as per the Mandal Surveyor report, the same is recorded.
5. In view of compromise between the parties the Permanent Injunction is
hereby granted to the appellants/plaintiffs in respect of the land ear-marked by
the Mandal Surveyor as per his report which is in possession and enjoyment
of the appellants/plaintiffs.
6. Accordingly, this Second Appeal is disposed of, in view of compromise
memo filed by both sides as per Mandal Surveyor report. No order as to costs.
Consequently, miscellaneous petitions, if any, shall stand closed. The
interim stay granted if any, shall stand vacated.
_______________________________ JUSTICE BANDARU SYAMSUNDER Date: 01.08.2024 PNS
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