THE HON’BLE SRI JUSTICE V.V.S.RAO SECOND APPEAL No.1211 OF 2010 Dated:05.08.2011 Between: Kandiboti Satyavathi .. Appellant And Kandiboti Ramudu and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO SECOND APPEAL No.1211 OF 2010 JUDGMENT: The appellant is the plaintiff. She instituted O.S.No.32 of 2005 on the file of the Court of the Principal Junior Civil Judge, Kothapeta, for permanent injunction restraining the defendants 1 to 3 from interfering with her peaceful possession and enjoyment over the suit schedule property i.e., a house in P.Gannavaram Village. After trial, the suit was dismissed on 31.10.2008. The appellant was also unsuccessful before the first appellate Court. Her appeal, being A.S.No.1 of 2009 on the file of the Court of the Senior Civil Judge, Kothapeta, East Godavari District, was dismissed. The appellate Judge ordered the appellant to pay Rs.25,000/- (Rupees twenty five thousand only) as compensatory costs to the third defendant (third respondent herein). This matter was initially listed before this Court on 08.07.2011. The Court proceedings recorded on that day are as follows. This Court does not find any strong grounds to admit the second appeal. However, the first appellate Court imposed an amount of Rs.25,000/- as compensatory costs. It appears to be contrary to Section 35A of the Code of Civil Procedure, 1908. Issue notice to respondents returnable by 22.07.2011. Counsel for appellant is permitted to take out notice to respondents by Registered Post with Acknowledgement Due. The Counsel is also at liberty to take out notice to the Counsel who appeared for the respondents in the lower Court. After service of notice, the respondents are represented by Sri M.Lakshmana Sarma. This Court heard the counsel for the appellant and the counsel for the respondents only on the question of jurisdiction of the Principal Senior Civil Judge, Kothapeta, East Godavari District, in imposing compensatory costs in contravention of Section 35(A)(2) of Code of Civil Procedure, 1908 (CPC). Section 35(A)(2) of CPC empowers the civil Court to order for payment of compensatory costs duly recording reasons therefor. No Court, however, can award compensatory costs exceeding the limits of its pecuniary jurisdiction or Rs.3,000/- (Rupees three thousand only), whichever is less. The trial Court totally ignored this provision and imposed Rs.25,000/- as compensatory costs as payable by the appellant to the third defendant. Only to that limited extent, interference is called for in this Second Appeal as the trial Court exceeded its jurisdiction. The Second Appeal is, accordingly, disposed of modifying the decree of the trial Court as confirmed by the appellate Court only with regard to the compensatory costs limiting to Rs.3,000/-. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 05.08.2011 KH