HIFAZATH HUSSAIN Vs. SADIQ HUSSAIN @ MUSHRAF

JUDGEMENT

(1.) This appeal is filed by the sole plaintiff in O.S.No.390 of 2001(old O.S.No.842 of 1995 seeking to declare the plaintiff as the absolute and exclusive owner of the suit schedule property, for recovery of possession of the same and for recovery of mesne profits at the rate of Rs.600/ - p.m. from the date of suit till delivery of possession of the suit schedule property), on the file of XIV Additional Chief Judge, City Civil Court, Hyderabad against the defendant, impugning the dismissal decree and judgment of the trial Court supra dated 12.07.2014 seeking to set aside the same by allowing the appeal. The sole defendant after service of appeal summons maintained cross -objections vide Cross -Objections(SR) No.50296 of 2004).

(2.) The appeal and Cross -Objections were while coming together for hearing and during the pendency of the same, the sole appellant/plaintiff died and his legal representatives are brought on record as appellant Nos. 2 to 6 to the appeal as per orders dated 17.09.2007 in CCCAMP No.386 of 2007 and they were also brought on record as respondent Nos. 2 to 6 to the Cross -Objections as per orders of even date in CCCAMP Nos.844 to 846 of 2007. It is further to mention that the 5th appellant also later died and his legal representatives were brought on record as appellant Nos. 7 and 8 to the appeal as per orders dated 30.01.2013 in CCCAMP No.2 of 2013 and this Court brings them equally as respondent Nos. 7 and 8 to the Cross -Objections.

(3.) The plaint schedule property consists of a portion of house bearing municipal No.20 -2 -655 comprising on an area of 85sq.yards with two rooms, kitchen, bathroom, and W.C. situated at Hussaini Alam, Hyderabad bounded by North: the other portion of H.No.20.2.655, South: public lane East: Open land of plaintiff and West: neighbours house.