IN THE HIGH COURT OF ANDHRA PRADEf.H :: AMARAVATI THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO SECOND APPEAL NO: 553 OF 2023 Appeal under section 100 of C.P.C against the Judgment and Decree dated 21.07.2023 in A.S. No. 101 of 2017 on the file of the Court of the Spl. Sessions Judge for S.C. And S.T. Cases - Cum - XI Additional District and Sessions Judge, Visakhapatnam preferred against the Decree in O.S.No.342 of 2007 Dated 21/04/2016 on the file of the Court of the II Additional Junior Civil Judge at Bheemunipatnam. Between: Simha Sanyasi Rao, S/o. Late Appala Swamy, Hindu, aged 81 years, retired employee, resident of Door No.5-138, Nerellavalasa Colony, Bheemunipatnam Mandal, Visakhapatnam District. ...Appellant/Respondent/Plaintiff AND 1. Chaitanya Swaroop Gautam, S/o. Late Ramesh, Chandra Gautam Hindu, aged about 63 years, resident of Door No. 18-36-1, KothaSalipeta, Visakhapatnam-1. 2. Sunil Kumar Gautam, S/o. Late Ramesh Chandra Gautam, Hindu, aged about 51 years, resident of Door No.18-36-1, KothaSalipeta, Visakhapatnam-1. 3. Smt.Yogita Kumari Gautam, W/o. Late Anil Kumar Gautam, Hindu aged about 51 years, residing at Door No. 18-36-1, KothaSalipeta, Visakhapatnam-1. 4. Maradul Kumar Gautam, S/o. Late Anil Kumar Gautam, Hindu, aged about 31 years, residing at D.No. 18-36-1, KothaSalipeta, Visakhapatnam-1. 5. Kum Kavita Gautam, D/o. Late Anil Kumar Gautam, Hindu, aged about 27 years, residing at D.No. 18-36-1, KothaSalipeta, Visakhapatnam-1. 6. Surya Prakash Gautam, S/o. Late Anil Kumar Gautam, Hindu, aged about 21 years, residing at D.No.18-36-1, KothaSalipeta, Visakhapatnam-1. ...Respondents/Appellants/Defendants Counsel for the Appellant: SRI. A S C BOSE Counsel for the Respondents: SRI SIMHACHALAM KARUKOLA The Court made the following: JUDGMENT THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO SECOND APPEAL No.553 of 2023 JUDGMENT: Learned counsel appearing for both sides is present. 1. It is represented by Sri A.S.C.Bose, learned counsel for the 2. appellant that First Appellate Court reversed the judgment of trial Court with a finding that the plaintiff before the trial Court approached the Court for Simple Injunction, without seeking relief of declaration of title and that the simple suit for permanent injunction is not at all maintainable, since the other side is disputing the title of the parties and after allowing the appeal filed before the First Appellate Judge, they have filed a comprehensive suit in O.S.No.381 of 2023 immediately in the same year before the Senior Civil Judge Court, Visakhapatnam for adjudication of the dispute with regard to the title of the parties. It was represented by both sides counsels on record that after 3. allowing the First Appeal, the plaintiff herein filed a comprehensive suit for declaration of title vide O.S.No.381 of 2023 which was / pending before the Senior Civil Judge Court, Visakhapatnam. Learned counsel for the appellant would contend that Second 4. Appeal may be disposed of with an observation that the parties can T 2 agitate their rights and title in comprehensive suit i.e. O.S.No.381 of 2023 before the Senior Civil Judge Court, Visakhapatnam and observations made by the trial Judge and First Appellate Judge are not binding upon the parties. It is not in dispute by the respondent that a comprehensive suit for declaration of title has been filed by the plaintiff which is pending before the Senior Civil Judge Court, Visakhapatnam for declaration of title. Therefore, both parties are directed to agitate their rights and title in the comprehensive suit for declaration of title and both parties are at liberty to take all the legal pleas as per law in the comprehensive suit filed for declaration of title by the plaintiff. With the above observations, the Second Appeal is disposed 5. of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR /f' S^ //TRUE COPY// SECTION OFFICER \ To, The Special Sessions Judge for SC & ST cases-cum-XI Additional District & Sessions Judge, Visakhapatnam. (with records) 2. The 11 Additional Junior Civil Judge, Bheemunipatnam. 3. One CC to SRI. A S C BOSE Advocate [OPUC] 4. One CC to SRI. SIMHACHALAM KARUKOLA Advocate [OPUC] 5. Three CD Copies 1. vna HIGH COURT DATED:23/01/2025 JUDGMENT SA.No.553 of 2023 * 0 3 MAR 2025 ^ . Current Section ^ OY mli tor DISPOSING OF THE SECOND APPEAL WITHOUT COSTS