ASHOK KUMAR Vs. AMARJEET SINGH MAKHIJA

JUDGEMENT

(1.) BOTH the revisions are filed by the same petitioner, against the same respondent.

(2.) THE respondent filed OS No. 1419 of 2004 in the Court of the VIII Junior Civil judge, City Civil Court, at Hyderabad against the petitioner for the relief of perpetual injunction. He also filed IA No. 287 of 2004 under Order 39 Rules 1 and 2 CPC. It was pleaded that the suit schedule property is part of estate of late Girija Shanker and others. One of the coparceners by name naresh Kumar filed OS No. 273 of 1969 in the Court of the II Additional Judge, City civil Court, Hyderabad for partition and separate possession of joint family property. A preliminary decree was passed in that suit and it was confirmed by this Court in ccca No. 16 of 1974. In the final decree proceedings, the present suit schedule property is said to have been allotted to the share of Naresh Kumar and after the death of Naresh Kumar on 13. 10. 1997, it devolved upon his legal heirs and they in turn have sold it in favour of the respondent through a sale deed. It was alleged that after purchase of the property, the respondent obtained permission from the concerned authority and when he was proceeding with the construction, the petitioner started interfering.

(3.) THE application was opposed by the petitioner on several grounds. It was alleged that though the property was allotted to Naresh Kumar in the E. P. proceedings, possession thereof continued to be with the petitioner and that there are tenants upon it.