Telangana High Court
SA/5/2004 of Gondi Madhava Rao Vs Gondi seetharamaiah on 30 December 2014
SRI JUSTICE B. CHANDRA KUMAR SECOND APPEAL No.5 of 2004 JUDGMENT: Heard learned counsel for the appellant and learned counsel for the respondent. The Second Appeal is filed against the judgment and decree dated 24.08.2002 passed in A.S.No.21 of 1992 by the Senior Civil Judge, Gudivada
THE HON'BLE SRI JUSTICE B. CHANDRA KUMARSECOND APPEAL No.5 of 2004
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JUDGMENT:
Heard learned counsel for the appellant and learned counsel forthe respondent.
The Second Appeal is filed against the judgment and decreedated 24.08.2002 passed in A.S.No.21 of 1992 by the Senior CivilJudge, Gudivada confirming the judgment and decree dated 7.02.1992passed in O.S.No.110 of 1986 on the file of the Junior Civil Judge,Gannavaram.
The learned counsel for the appellant submits that the secondappeal may be disposed of giving liberty to file fresh suit fordeclaration of title and delivery of possession.
On the other hand, the learned counsel for the respondentsubmits that the suit was filed about 28 years ago and fresh suitintended to be filed by the appellant would be hopelessly barred bylimitation and hence the respondents may be given liberty to opposethe suit on the ground of limitation.
In the circumstances the Second Appeal is disposed of with anobservation that it is left open to the appellants to file a fresh suit fordeclaration of title and delivery of possession, if they so advised, andthe respondent is at liberty to oppose the same on the ground oflimitation or any other ground. No order as to costs. As a sequel,miscellaneous petitions pending, if any, shall stand closed.
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B. CHANDRA KUMAR, J.
30[th] December, 2014Js.