HONOURABLE SRI JUSTICE L. NARASIMHA REDDY SECOND APPEAL No.107 OF 2004 JUDGMENT: The appellants filed O.S. No.65 of 1997 in the Court of the Junior Civil Judge, Bodhan, against the respondents for the relief of perpetual injunction in respect of the suit schedule property, an extent of Acs.2.08 guntas in Survey No.56 of Khandgaon village, Nizamabad District. They pleaded the manner in which they acquired the title and complained that the respondents are trying to encroach into their land. The respondents, who are the owners of the neighbouring land in survey No.55 pleaded that they never encroached into the land of the appellants and that the fact that the road that was laid across the land in survey No.56, was not mentioned by the appellants. Through its judgment, dated 23-01-2001, the trial Court dismissed the suit. A.S. No.50 of 2003 filed by the appellants in the Court of the VII Additional District and Sessions Judge, Nizamabad at Bodhan, was dismissed on 19-12-2003. Hence, this Second Appeal. 2. Heard the learned counsel for the appellants and the learned counsel for the respondents. 3. The trial Court framed the following issues for its consideration: “1) Whether the plaintiff is in possession of suit land with given boundaries? 2) Whether such possession is lawful? 3) Whether there is any interference by the defendants?” 4. On behalf of the appellants, PWs.1 and 2 were examined and Exs.A-1 to A- 10 were filed. On behalf of the respondents, DWs.1 to 3 were examined and Exs.B-1 and B-2 were filed. The report, submitted by the Commissioner, was taken on record as Ex.C-1. The suit was dismissed. The lower appellate Court framed the following points for its consideration: “1) Whether the Plaintiffs/Appellants are entitled for permanent injunction as prayed for? 2) Whether the decree and judgment of the trial Court are liable to be set aside?” and dismissed the appeal. 5. This is not a case, where the respondents have claimed any rights vis-à-vis the land in Survey No.56 owned by the appellants. Their specific plea is that their ownership and possession is confined to the land in survey No.55. It appears that the controversy has arisen on account of a road laid in between the two pieces of land. According to the appellants, no part of their land is affected and their extent is intact. The plea of the respondents is otherwise. In this scenario, the only alternative for the appellants was to approach the authority under the Andhra Pradesh Survey & Land Records and Rules thereunder and to get the boundaries of their land fixed. Once the respondents did not claim any right over the land of the appellants, there was no basis for filing of the suit itself. 6. Hence, the Second Appeal is dismissed leaving it open to the appellants to seek relief under the A.P. Survey and Boundaries Act for fixation of their boundaries in survey No.56. There shall b no order as to costs. ____________________ L. NARASIMHA REDDY, J November 14, 2011. KTL