LAWS(TLNG)-2018-9-42

SYED HASSAN ABBAS Vs. SYED ASAD ABBAS

Decided On September 20, 2018
Syed Hassan Abbas Appellant
V/S
Syed Asad Abbas Respondents

JUDGEMENT

(1.) Both these Second Appeals are preferred against the judgments and decrees passed, in A.S. No.158 and 157 of 2014 dtd. 8/6/2018 respectively, by the XXVI Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The appellants in S.A.No.1182 of 2018 are the defendants in O.S. No.2226 of 2006 on the file of the 1st Senior Civil Judge, City Civil Court, Hyderabad. The said suit filed by the respondentplaintiff, for a declaration that he is the absolute and lawful owner of a portion of the Suit schedule property which was gifted to him; for a consequential direction to the appellants-defendants to deliver vacant and peaceful possession of the Suit schedule property; he be put into peaceful and vacant possession thereof; for mesne profits to be granted directing the defendants to pay Rs.2,000.00 per month to the plaintiff, from the date of filing the Suit, till the Suit was finally disposed of; and for costs.

(3.) O.S. No.603 of 2010 was filed by the appellants herein, against the 1st respondent (plaintiff in O.S. No.2226 of 2006) and others, seeking a preliminary decree for partition and separate possession of their 2/12th share each, in the Suit schedule property i.e. of an extent of 64 sq. yards in House No.17-3A-350, situated at SRT Colony, Yakutpura, Hyderabad; future mesne profits from the date of the Suit till delivery of possession of the shares of the plaintiffs '; and for costs.