STATE OF ANDHRA PPADESH Vs. MOHD JALAUDDIN AKBAR

JUDGEMENT

(1.) These two civil miscellaneous appeals are disposed of together, since they arise between the same parties and under the same set of facts.

(2.) C.M.A. No. 1074 of 2004 is filed against the order dated 20-2-2004 in I.A.No.373 of 2003 in O.S. No.54 of 2003 on the file of the Senior Civil Judge, Vikarabad, Ranga Reddy District. C.M.A. No.1075 of 2004 is filed against the order of the same date in LA. No.369 of 2003 in O.S. No.53 of 2003 on the file of the same Court. Since the parties in both the suits and IAs are same, they are referred to as arrayed in the suits. Through the orders under appeal, the Trial Court granted temporary injunction under Order 39, Rule 1 C.P.C., in favour of the plaintiffs. Hence, the defendants preferred these appeals.

(3.) O.S. No.54 of 2003 is filed by four plaintiffs, represented by their Special Power of Attorney, Ponnuri Bala Kutumba Rao, for the relief of declaration, that they are the absolute owners of the plaint schedule property admeasuring Ac.12.00 in Sy.No.l (part) of Chilkuru Village, Moinabad Mandal, Ranga Reddy District, and for consequential perpetual injunction against the defendants, viz., the State of A.P., represented by its District Collector, Ranga Reddy District; Divisional Forest Officer, Hyderabad Range, Ranga Reddy District, and Forest Range Officer, Rajendranagar Range. In O.S. No.53 of 2003, the same plaintiffs are represented by a different General Power of Attorney, by name, Dasari Nageswar Rao. This suit is filed on the same lines as the other suit, and for the same relief, but in respect of different piece of land of Ac. 12.00 in the same survey number.