M SAMUEL Vs. RAMESH KUMAR

JUDGEMENT

(1.) This case has a chequered history. The parties are divided in three groups (1) Ramesh Kumar, (2) M.Samuel, and (3) Swami Das and Devi Das (sons of M. Samuel). They locked horns as far back as in the year 1974. The dispute among them is with regard to the title and possession of the property bearing H.No. 5-9-177, 5-9-177/1 and 5-9-178 situated at Chapel Road, Hyderabad.

(2.) The S. A. No. 546 of 1992 emanates from the proceedings, which commenced with the filing of O.S. No. 462 of 1984 by M. Samuel against Ramesh Kumar on the file of the VIII Asst. Judge, City Civil Court, Hyderabad, seeking perpetual Injunction, restraining the defendant (Ramesh Kumar) from interfering with the possession. O.S. No. 462 of 1984 was dismissed by judgment andorder dated 16-8-1988. Against the said order of dismissal, M Samuel filed an appeal A.S.No. 316 of 1988 on the file of the Additional Chief Judge, City Civil Court, Hyderabad. However, the same was dismissed with costs on 14-10-1992. Aggrieved by the said order, M.Samuel, the appellant herein has filed this second appeal seeking annulment of the order passed by the Courts below.

(3.) C.RP. No. 3671 of 1992 emanates from the proceedings, which commenced with the filing of O.S.No. 3617 of 1979 by Ramesh Kumar against Swami Das and Devi Das for declaration of title and possession, on the file of the VIII Assistant Judge, City Civil Court, Hyderabad. The same was decreed in favour of plaintiff (Ramesh Kumar). The defendants, Swami Das and Devi Das, filed A.S.No. 47 of 1983 against the said decretal order. However, the same was dismissed and the decretal order of the trial Court was confirmed. Thereafter Ramesh Kumar filed E.P. No. 12 of 1984 for the execution of the decree passed in O.S. No. 3617of 1979.M Samuel, the father of Swami Das and Devi Das, obstructed the execution of the said decree. Ramesh Kumar then filed E.A. No. 80 of 1985 in EP. No. 12of 1984 in O.S.No. 3617 of 1979 for removal of obstruction the same washowever, dismissed on 16-8-1988 by the VIII Assistant Judge, City Civil Court, Hyderabad. Against this order of dismissal, Ramesh Kumar preferred an appeal CM. ANo. 227 of 1989 before the Additional Chief Judge, City Civil Court, Hyderabad, and the same was allowed with costs on 14-10-1992. Aggrieved by the said judgment M.Samuel has filed this C.R.P.