Gatla Dahramapuri vs Smt. Sivasari Kalavathi
2021 Latest Caselaw 1571 Tel

  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

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.

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(2008) 4 SCC 594