VIQUARNNISSA BEGUM Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE Municipal Corporation filed an application n in SAMP No. 1773 of 2008 under Order 41 Rule 27 read with section 151 of CPC praying to receive true copy of a Lay out approved by Municipal corporation of Hyderabad dated 6-12-1979 as additional document in the above S. A. No. 78 of 2008.

(2.) WHEN the matter came up for hearing , leaned counsel for the plaintiffs as well as the Special Government Pleader for advocate General appearing on behalf of the Corporation have agreed to dispose of the Second Appeals at the time of admission. Hence, these appeals aretaken up together for disposal along with the above SAMP. SAMP No. 1773 of 2008

(3.) THE Commissioner and Special Officer, greater Hyderabad Municipal Corporation, hyderabad filed an affidavit in the above application and it is that in the suit filed by the plaintiff, they filed written statement specifically contending that the plaintiffs are claiming ownership and possession in respect of an area to an extent of 1836 sq. yards covered by premises No. 8-2-672/b/2/1 in ward No. 89 and Block L, Sy. No. 192 of khairatabad Circle No. X by specifically giving boundaries and filed OS No. 1549/2000 seeking permanent injunction wherein the corporation filed written statement contending that the plaintiffs encroached the municipal park and started construction unauthorizedly and that the authorities have accorded layout permission for the premises bearing No. 8-2-472, situated at the Banjara hills, Hyderabad which gives description of the part on extreme western side of the approved lay out the park area stood transferred and vested with the Corporation. It is further stated that as per the sanctioned planaccorded by the Municipal Corporation of Hyderabad, the suit schedule property is a park and the plaintiffs are not entitled to convert the park area as residential one and to prove the same the sanctioned lay out is necessary.