MOHD. IBRAHIM Vs. MOHD. ABDUL HANNAN

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondents.

(2.) This Civil Miscellaneous Appeal is preferred by the defendants in O.S. No.226 of 1985 on the file of the District Munsif, Mahaboobnagar. The said suit was originally filed by one Mohd. Abdul Hannan, who died during the pendency of the appeal and was pursued by the legal representatives, for declaration of title and for perpetual injunction in respect of an extent of 0.23 gts., in Survey No.9 and Ac.0.33 gts., in Survey No.10 of Mahaboobnagar village and taluk, Mahaboobnagar district. The suit was dismissed by judgment and decree dated 30.12.1996 and when the plaintiff filed an appeal in A.S.No.78 of 1998 before the learned II Additional District Judge, Mahaboobnagar, the same was allowed by judgment and decree dated 06.12.2006 by setting aside the judgment and decree in O.S. No.226 of 1985 and remanding the matter to the lower Court for fresh disposal. Challenging the same, the present Civil Miscellaneous Appeal was filed.

(3.) The trial Court framed the following issues for trial: