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2004 Supreme(AP) 446

BILAL NAZKI, GOPALA KRISHNA TAMADA
A. P. Wakf Board, rep. by its Secretary, Hyderabad – Appellant
Versus
Syed Jalaluddin Sha (died) per LRs. – Respondent


BILAL NAZKI, J.

( 1 ) WAKF Board filed a suit being O. S. No. 61 of 1980 for declaration and possession of the suit schedule property. It sought eviction of defendants 1 to 17 and also claimed mesne profits, it also sought a decree for permanent injunction. It also sought injunction against municipality-defendant No. 5 not to pay compensation for lands acquired during the road widening. Defendants 1 to 4 in O. S. No. 61 of 1980 filed another suit being o. S. No. 156 of 1975 which was later numbered as O. S. No. 137 of 1978 seeking injunction against the Wakf Board. Both the suits were clubbed together and decided by a common judgment. O. S. No. 61 of 1980 filed by Wakf Board was dismissed, whereas o. S. No. 137 of 1978 filed by the defendants was decreed in part. The Wakf Board filed two appeals being AS No. 2348 of 1987 and tr. AS No. 1171 of 1990. Tr. AS No. 1026 of 1991 has been filed by the plaintiffs in o. S. No 137 of 1978. Since all these three appeals arise out of the same judgment of the trial Court, they are disposed of by this common judgment. The parties will hereinafter be referred to as they appeared in O. S. No. 61 of 1980.

( 2 ) THE facts on the basis of which the s

































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