Chakali Narsimha vs Guvvala Telugu Bangari
2025 Latest Caselaw 5317 Tel

Telangana High Court

Chakali Narsimha vs Guvvala Telugu Bangari on 4 September, 2025

       THE HONOURABLE SMT. JUSTICE RENUKA YARA

                SECOND APPEAL No.314 of 2024

JUDGMENT:

This appeal is filed by the appellants - respondents -

defendants aggrieved by the judgment and decree dated 01.06.2024

passed in A.S.No.35 of 2019 by the Principal District Judge,

Nagarkurnool, reversing the judgment and decree dated 14.02.2019

passed in O.S.No.58 of 2013 by the Junior Civil Judge at Kollapur.

2. Heard Sri D.L.Pandu, learned counsel of the appellants and

Sri M. Damodar Reddy, learned counsel for respondent Nos.1, 3, 4

to 7. Perused the record.

3. The respondents herein filed a suit for perpetual injunction

against the respondents herein and the same was dismissed with

costs upon examining the evidence of PWs 1 to 3, Exs.A1 to A5,

DWs 1 and 2 and Exs.B1 and B2. Aggrieved by the same, the

respondents herein preferred A.S.No.35 of 2019 and a petition was

filed under Order 41, Rule 27 of CPC to receive additional

documents. The First Appellate Court allowed the said petition and

considered the documents while disposing of the First Appeal in

favour of the respondents/plaintiffs herein. While doing so, the

First Appellate Court did not examine any witnesses to mark the

Exs.A6 to A12 and no opportunity was given to the appellants

herein to cross examine the witnesses on the contents of Exs.A6

to A12.

4. In the circumstances, this Court deems it just and necessary

to set aside the impugned judgment and decree dated 01.06.2024

passed in A.S.No.35 of 2019. Hence, by setting aside said judgment

and decree, the matter is remanded back to the First Appellate

Court i.e. Principal District Judge, Nagarkurnool, to examine a

witness for marking Exs.A6 to A12 and to give opportunity to the

appellants to cross examine said witness on the contents of Exs.A6

to A12 and thereafter, pass judgment.

5. With the above direction, the Second Appeal is, disposed of.

No order as to costs.

As a sequel, miscellaneous applications pending in this appeal,

if any, shall stand closed.

___________________ RENUKA YARA, J Dt. 04.09.2025 gvl