IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO SECOND APPEAL No.195 of 1992 Between: S.Rangacharyulu died per L.Rs. ..... APPELLANT(S) AND L.Venkat Ananth Reddy and others .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO SECOND APPEAL No.195 of 1992 ORDER: Heard the learned counsel for both sides. Perused the material available on record. Appellant, who is the plaintiff, seeks to assail the correctness of the judgment and decree in A.S.No.49 of 1984 dated 19.03.1984 on the file of the Additional District Judge, Mahabubnagar, filed at the instance of the respondents/ defendants, setting aside the judgment and decree obtained by him in a suit filed by him seeking declaration of easementary and customary rights of taking water from ‘Poola Bavi’ situated in Sy.No.19 through the suit channel marked as ‘A’ ‘B’ ‘C’ ‘D’ in red colour in the plaint plan leading to Sy.No.397 for exclusive irrigation of the plaintiff’s lands bearing Sy.No.392 to 397 of Mogalgidda village, Shadnagar Taluk, Mahabubnagar District; declaration of easementary and customary rights in respect of the ‘puntha’ (pathway) adjoining suit channel “A.B.C.D.” in plaint plan on the eastern side as a pathway to gain access to his lands from the village Mogalgidda; and an injunction thereto. The trial Court after regular inquiry did not find favour with the respondents/defendants and decreed the suit. However, the lower appellate Court after considering the entire evidence on record and material has come to a conclusion that the plaintiff has failed to establish his easementary and customary rights as alleged by him and, therefore, set aside the decree and judgment passed by the trial Court. Having regard to such finding of fact by the lower appellate Court, there is no question of law much less substantial question of law that arises for consideration in this appeal. Hence, the Second Appeal is dismissed. There shall be no order as to costs. _____________________ B.PRAKASH RAO, J 29th July, 2010 CVRK