Cherukuri Subbulu v. The Executive Officer

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO SECOND APPEAL No.610 of 2016 JUDGMENT:

The appellants are plaintiffs in O.S.No.15 of 2010 on the file of Principal Senior Civil Judge, Darsi. They filed the said suit for permanent injunction against the defendant and the said suit was dismissed by judgment and decree dated 21.08.2012. Challenging the said judgment and decree, the appellants preferred A.S.No.103 of 2012 and the judgment of trial Court was confirmed on 11.04.2016. Challenging the same, the present Second Appeal is filed.

When the Second Appeal is taken up for consideration, learned counsel for the appellants submits that the appellants are claiming title to the property under exhibits A1 and A2 and in view of the threat to their possession, they filed the suit for permanent injunction.

Since both the Courts concurrently held that the appellants are not entitled for permanent injunction and there was no temporary injunction, pending disposal of the suit as well as the appeal, and in view of the question of fact decided by both the Courts concurrently, this Court is not inclined to admit the Second Appeal.

Accordingly, this Second Appeal is dismissed at the admission stage. However, this will not prevent the appellants from taking appropriate proceedings for declaration of the title, if they are so advised. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J 19.08.2016 MVA