G.SHASHIKALA Vs. G.KALAWATI BAI

JUDGEMENT

(1.) The appeals CCCA.No.40 of 2002 and Tr.CCCA.No.168 of 2003 are filed challenging the common judgment dtd. 21.01.2002 in OS.No.1402 of 1992 and OS.No.432 of 1993 respectively passed by the VI Senior Civil Judge, City Civil Court, Hyderabad.

(2.) As this is a first appeal, the parties are referred to as the plaintiff and defendant only as in the suit OS.No.1402/1992 as the evidence was recorded in this suit.

(3.) OS.No.1402 of 1992 is filed seeking declaration of title and delivery of possession of major portion of the composite house bearing Door No.5-3-128, Hindi Nagar, Goshamahal, Hyderabad, which is described within the boundaries shown in the plaint schedule and also for mesne profits past and future in respect of the mulgi bearing No.5-3-128/2 and six rooms allegedly in occupation of defendant Nos.1 and 2. Defendant No.2 filed OS.No.432/1993 seeking a decree for perpetual injunction against the defendants from interfering with her possession of the mulgi bearing No.5-3-128/2, situated in Hindi Nagar, Goshamahal, Hyderabad. The schedule property in OS.No.432 of 1993 is a part of the schedule of property in OS.No.1402 of 1992. The plaintiff in OS.No.1402 of 1992 is the defendant No.5 in OS.No.432 of 1993. The plaintiff in OS.No.432 of 1993 is the defendant No.2 in OS.No.1402 of 1992. The three sons of the plaintiff in OS.No.1402 of 1992 are defendant Nos.1 to 4 in OS.No.432 of 1993.