JUDGMENT :

ABHAY MANOHAR SAPRE, J.

1. Leave granted.

2. These appeals are filed against a common judgment and order dated 26.09.2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in CCCA No.40 of 2002 and TRCCA No.168 of 2003 whereby the High Court dismissed both the appeals filed by the appellants herein.

3. A few facts need mention herein-below for the disposal of these appeals, which involve a short point.

4. The appellants herein are the legal representatives of the original defendants and the respondents are the plaintiffs of the two suits being O.S. No. 1402 of 1992 and O.S. No.432 of 1993.

5. One suit was for declaration of title and delivery of possession of a major portion of the suit house and other was for grant of perpetual injunction in relation to the suit house.

6. The Trial Court by judgment/decree dated 21.01.2002 decreed the title suit and passed a decree for possession but dismissed the suit for grant of perpetual injunction.

7. This led to filing of two first appeals in the High Court of A.P. During pendency of the appeals, the appellants (defendants) filed an application (IA No.5/2011) under Order 41 Rule