THE HON’BLE MR JUSTICE R. KANTHA RAO S.A.No.723 of 1999 DATE: 11.03.2011 BETWEEN: N.Venkateshwara Rao .. Appellant And Flaiz Memorial High School of Seventh Day Adventists and others .. Respondents THE HON’BLE MR JUSTICE R. KANTHA RAO S.A.No.723 of 1999 JUDGMENT: This second appeal is filed by the 5th defendant against the judgment and decree dated 06.04.1999 passed by the Senior Civil Judge, Narsapur in A.S.No.2 of 1994 confirming the decree and judgment dated 29.12.1993 passed by the Additional District Munsif, Narsapur in O.S.No.36 of 1985. I have heard the learned counsel appearing for the appellant and none appears for the respondents. The first respondent filed O.S.No.36 of 1985 on the file of the Addl. District Munsif, Narsapur for declaration that the appellant and the respondents 2 to 13 have no right to encroach upon the road margin and also for the relief of mandatory injunction to remove the said encroachments made by them. The trial court having gone through the evidence on record found that the appellant and the respondents 2 to 13 are encroachers and that the encroachments made by them were causing obstruction to the first respondent for the ingress and egress into the road abutting item Nos.1 and 2 of the plaint schedule properties. The trial Court also found that the appellant and the respondents 2 to 13 have no right to cause obstruction to the first respondent and also the learned trial Court decreed the suit in favour of the first respondent and against the defendants for the relief prayed for. The learned first appellate Court on reappraisal of the entire evidence on record by its judgment in A.S.No.2 of 1994 confirmed the findings recorded by the trial Court and dismissed the appeal. In this case, there is no substantial question of law involved for consideration which is sine qua non for entertaining the second appeal. This court is not supposed to disturb the concurrent findings of the Courts below, while dealing with the Second Appeal under Section 100 of the Code of Civil Procedure. Therefore, the second appeal is dismissed. There shall be no order as to costs. ________________ Date: 11.03.2011 R. KANTHA RAO, J kvrm THE HON’BLE MR JUSTICE R. KANTHA RAO S.A.No.723 of 1999 DATE: 11.03.2011