IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED SECOND APPEAL NO :100 OF 2010 Between: Smt, Pyla Lakshmi W/o Apparao and one another ..... PETITIONERS AND Geddam Narsinga Rao and two others .....RESPONDENTS ORDER: This Second Appeal is preferred being aggrieved by the decree and judgment dated 30.09.2009 made in A.S.No. 14 of 2008 on the file of the Senior Civil Judge, Gajuwaka confirming the decree and judgment made in O.S.No. 294 of 2005 passed by the Junior Civil Judge, Gajuwaka dated 07.07.2008. Plaintiffs filed the suit O.S.No. 294 of 2008 to grant permanent injunction restraining the defendants his men, agents, servants from ever interfering in the peaceful possession and enjoyment and construction of the Suit Schedule mentioned properties A & B. As per the plaint allegations, plaintiffs 1 and 2 have been displaced by the Government for acquiring the land for Steel Plant by the Government and they were given R-Cards. It is stated that according to R-Cards, the Special Officer granted house sites and he directed the Special Surveyor to hand over the plots to the plaintiffs under proper acknowledgement. It is stated that the plaintiffs are in peaceful possession and enjoyment of the said plots till date without being obstructed by anyone. It is also stated that when the plaintiffs brought material to the Suit Schedule Properties for the construction of the compound wall in order to avoid the vacant sites being grabbed defendants obstructed the same. Plaintiffs also gave a police complaint but the police did not take any action. Hence, plaintiffs filed O.S. The trial court after going into the evidence available on record both oral and documentary dismissed the suit. Aggrieved by the same, plaintiffs filed an appeal and the appellate court confirmed the order of the trial court. Being aggrieved by the same, they filed the present Second Appeal. I have perused the order impugned. The trial court considered the matter elaborately and dismissed the suit filed by the plaintiffs. On appeal, the appellate court also confirmed the judgment and decree passed by the trial court. Therefore, in my opinion the trial court has considered the matter objectively and dismissed the suit holding that the plaintiffs have miserably failed to establish their case and the same was confirmed by the appellate court. It is well settled by a catena of decisions of the Supreme Court that in the second appeal filed under Section 100 of Code of Civil Procedure, this Court cannot interfere with the findings of fact arrived at by both the courts below. Having heard the learned counsel for the appellant and on perusing the grounds in the memorandum of second appeal, this court is of the view that the substantial questions of law framed in the second appeal involve appreciation of facts and evidence on record, which both the courts below have elaborately considered. This Court cannot once again appreciate the facts and evidence on record, that too, in the second appeal. In the above circumstances, there is no question of law muchless substantial question of law, warranting interference with the impugned judgment by this court. The Second Appeal is dismissed at the stage of admission. _____________________________ GHULAM MOHAMMED, J DATE: 26.02.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD Copies