AMJED MOHIUDDIN Vs. MOHAMMED HABIB AHMED KHAN

JUDGEMENT

(1.) Heard Sri Ch. Janardhan, learned counsel appearing for the appellants/defendants in C.C.C.A. No.157 of 2015, Sri H. Sudhakar, learned counsel appearing for the appellants/defendants in C.C.C.A.No.26 of 2015 and Sri A. Venkatesh, learned Senior Counsel representing Sri Mohd. Nawaz Hyder Ali, leaned counsel for the respondents/plaintiff in both the Appeals.

(2.) Aggrieved by the Judgment and Decree dtd. 4/12/2014 passed in O.S.No.464 of 2009 on the file of learned XXIV Additional Chief Judge, City Civil Court at Hyderabad, the defendant No.2 and defendant Nos.3 and 4 have filed the present Appeals respectively.

(3.) It is to be noted that the sole plaintiff in O.S.No.464 of 2009 filed the said suit against defendant Nos.1 to 4 for declaration of title, recovery of possession with mesne profits and declaration of unregistered sale deed dtd. 16/2/1998 as null and void. On the other hand, the defendant Nos. 3 and 4 in O.S.No.464 of 2009 filed O.S.No.54 of 2011 against the plaintiff, defendant Nos.2, 1 in O.S.No.464 of 2009 and another for the relief of perpetual injunction in respect of same suit schedule property in O.S.No.464 of 2009. Since the suit schedule property and the dispute between the parties are one and the same, the Trial Court has passed Common Judgment dtd. 4/12/2014 in O.S.No.464 of 2009 and O.S.No.54 of 2011. However, the present Appeals are filed by the defendant Nos.2 to 4 in O.S.No.464 of 2009 only to the extent of setting aside the Judgment and Decree dtd. 4/12/2014 passed in O.S.No.464 of 2009. Thus, we are concerned only with the pleadings and issues in respect of O.S. No.464 of 2009 only.