ALAMDAR ASTHARIAN Vs. SHEESHMAHAL ENTERPRISED PVT LTD HYDRABAD

JUDGEMENT

(1.) The plaintiff filed O.S.2214 of 1989 on the file of the 2nd Additional Senior Civil Judge, City Civil Court, Hyderabad for eviction of the defendant who was the tenant in the premises. The suit was decreed. The defendant preferred C.C.C.A 155 of 1998 questioning the judgment in O.S.2214 of 1989. This Court dismissed the appeal. The plaintiff thereafter attempted to execute the decree by laying E.P.51 of 2007.

(2.) The petitioner came into picture at that stage contending that he has been in occupation of the disputed premises and that the suit was filed by the plaintiff against a wrong person owing to collusion between the plaintiff and the defendant. The third party claimant in fact filed E.A.141 of 2007 as a claim petition. The third party claimant also filed E.A.140 of 2007 for stay of execution of the decree in O.S.2214 of 1989 until disposal of E.A.141 of 2007.

(3.) While things stood thus, the third party claimant filed yet another petition in E.A.151 of 2008 seeking for the stay of the execution of the decree until the disposal of O.S.2076 of 2007. (O.S.2076 of 2007 on the file of the 2nd Additional Senior Civil Judge, City Civil Court, Hyderabad is a suit filed by the third party claimant against the plaintiff for a declaration that the judgment and decree in O.S.2214 of 1989 is not binding on him.)