NEHRUNAGAR CO OP HOUSING SOCIETY Vs. E BHAGWANDASS

JUDGEMENT

(1.) These two appeals are disposed of by this common Judgment as the I Additional Judge, City Civil Court, Hyderabad disposed of the two suits O.S.No. 356/87 and O.S.No. 1486/82 by a common Judgment, against which the present appeals are filed. In both the appeals, the defendants are the appellants.

(2.) C.C.C.A.No. 63/94 is filed against the Judgment in O.S.No. 356/87 whereas C.C.C.A.No. 92/94 is filed against the Judgment in O.S.No, 1486/82.

(3.) O.S.No. 356/87 was filed by the plaintiffs therein for a declaration that they are the absolute owners of the suit land forming part of S.No. 74/10 as per the boundaries detailed in the schedule and the plan annexed, for, directing delivery of possession and for injunction restraining the defendants from carrying on further construction and direct demolition of the constructions already carried out and for costs of the suit, while O.S.No. 1486/82 was filed for a declaration that the action of the first defendant/Municipal corporation of Hyderabad represented by the Special Officer, Secunderabad Division in sanctioning lay out in favour of the 2nd defendant vide its No. 28/33/E of 1982-83 dated 30-6-1982 as arbitrary, illegal and mala fide and for a consequential mandatory injunction directing the defendants to remove the construction and structures made on the suit land and for costs.