*THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY +Second Appeal No.268 of 1999 %30.07.2010 #Thimmalapenta Seetharamaih. ..appellant. Vs. $Ulchi Venkateswarlu and others. ..Respondents. !Counsel for the appellant : Sri Surendra Desai ^Counsel for the Respondents : Sri Ramachandra Rao <Gist : >Head Note: ?Cases Referred: 1. 1989 (1) ALT 36 2. (1985) 3 SC Cases 545 THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY S.A.No.268 of 1999 JUDGMENT: Respondents 1 to 7 filed O.S.No.142 of 1994 in the Court of Principal District Munsif, Chirala, against respondents 8 to 11 and the petitioner herein, for the relief of perpetual injunction, in respect of ‘A’ schedule property and mandatory injunction in respect of ‘B’ schedule property. It was pleaded that they own land nearby the Highway Sopirala of Chirala Mandal, and they have access to the Highway through a Gramakantam admeasuring Ac.0.12 cents, described in the ‘A’ schedule. Their complaint was that the appellant herein, who figured as defendant No.5 has raised a hut in an extent of Ac.0.02 cents described I ‘B’ schedule and is causing obstruction to their access. Their principal grievance was against the appellant and their complaint against respondents 8 to 11 was mostly about their inaction to remove the encroachment. The respondent alone contested the matter. He filed a written statement, stating that respondents 1 to 7 themselves have encroached into Gramakantam of Ac.0.12 cents and the hut raised by him does not at all access to the Highway. Through its judgment, dated 29.02.1996, the trial Court decreed the suit. A.S.No.13 of 1996, filed by the appellant in the Court of Senior Civil Judge, Chirala, was dismissed on 19.02.1999. Hence, the Second Appeal. Sri Surendra Desai, learned counsel for the appellants There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:16.07.2010 GJ