VALLURU SAMBA SIVA RAO AND ANOTHER Vs. KRISHNA APARTMENTS ASSOCIATION
LAWS(APH)-2019-4-14
HIGH COURT OF ANDHRA PRADESH
Decided on April 10,2019

Valluru Samba Siva Rao And Another Appellant
VERSUS
Krishna Apartments Association Respondents




JUDGEMENT

D.V.S.S. Somayajulu, J. - (1.)This revision petition is filed questioning the order dated 02.08.2012 in EP.No.114 of 2011 in O.S.No. 1803 of 2003 passed by the Principal Junior Civil Judge, Vijayawada.
(2.)This case has a long chequered history. The suit O.S.No. 1803 of 2003 is filed by the decree holders as plaintiffs for an injunction restraining the defendants from constructing a wall in the area shown as 'IJ' in the plaint plan and not to construct any gate. The suit was dismissed. Thereafter, an appeal bearing A.S.No.75 of 2008 was filed which was allowed on 06.01.2009. An injunction was granted in favour of the plaintiffs/decree holders restraining the defendants from making any construction in the area 'IJ' and from closing the gate. A second appeal S.A.No.53 of 2009 was filed against the order in A.S.No.75 of 2009 but the same was dismissed on 10.06.2001.
(3.)In the interim period, after the suit was dismissed in the lower Court and before the appeals were allowed in favour of the decree holders, the defendants constructed a wall and put up a gate. Therefore, E.P.No.114 of 2011 was filed for removal of the structures through the Court Officer by way of restitution under Order 21 Rule 35 and Section 151 CPC. An affidavit was also filed in support of the said E.P. The said E.P. came to be dismissed on the ground that as the decree is only for an injunction, the prayer for removal of the structures cannot be granted as there is no mandatory injunction. Questioning the same, the present civil revision petition is filed.
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