DISTRICT COLLECTOR RANGA REDDY DISTRICT Vs. HUSSAIN MOHIUDDIN

JUDGEMENT

(1.) The appellants herein are the defendants in the suit O.S. No.478 of 1990 on the file of the Principal Subordinate Judge, Ranga Reddy District filed by the sole respondent herein-plaintiff.

(2.) The suit was decreed, under Order 8, Rule 10 of Civil Procedure Code for non-filing of written statement vide judgment and decree, dated 6-8-1991, against which, the Appeal Suit has been filed by the defendants therein.

(3.) For the sake of convenience, the parties herein are referred to as arrayed in the suit. 3-A. The plaintiff filed the suit against the defendants as under (a) to declare him as absolute owner and possessor having the title in and overthe lands bearing Sy.No.49/13, admeasuring Ac. 15.00 situated at Bahadurguda village, Saroornagar revenue mandal, Rangareddy District, (b) directing the defendants to make necessary corrections in the relevant revenue records in respect of the above said property from the year 1962 onwards; (c) to grant permanent injunction restraining the defendants, their agents, successors in office or anybody else claiming through them from assigning any recording the names of other persons and creating rights and title in respect of the suit schedule property in favour of third parties. (d) to award costs of the suit, (e) and grant any other relief or further reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case in the interest of justice. Though in the prayer portion at SI.No.(a), a declaration was sought to declare the plaintiff as absolute owner in respect of Ac. 15.00 of land only, but the suit schedule property shows that the agricultural land bearing Sy.No.49/13, admeasuring Ac.27.00 gts. situated at Bahadurguda village, Saroornagar revenue mandal, Rangareddy District, bounded by East: Mansoorabad village boundary West: Land of G. Siddiqui North: Saroornagar village boundary South: Land of P. Rajan Raju The suit was filed on 22-10-1990 and it was numbered on the next day i.e. on 23-10-1990. The docket proceedings of the said suit in the court below goes to show that summons issued to the defendants were served and the Government Pleader appearing for the defendants filed a memo of appearance for defendants on 30-11-1990. On 30-11-1990 the suit was adjourned to 24-12-1990 and on 24-12-1990 it was adjourned to 31-1-1991 for filing written statement. It was for the first time the suit was posted for filing written statement to 31-1-1991 and again it was adjourned to 15-3-1991 and from 15-3-1991 it was again adjourned to 11-6-1991. It appears that the plaintiff filed an I.A.No.371 of 1991 for advancement of the suit and accordingly the said Interlocutory Application was allowed on 26-4-1991 advancing the suit from 11-6-1991 to 3-6-1991. Again from 3-6-1991 the suit was adjourned to 20-6-1991, 24-6-1991, and 22-7-1991 and on 8-7-1991 the request of the Government Pleader to adjourn the suit was rejected and the suit was posted to 24-7-1991 for judgment and on 24-7-1991 it was again posted to 6-8-1991 for judgment. On 6-8-1991 the judgment was pronounced decreeing the suit.