DALAVA SUBRAHMANYAM, J.

( 1 ) THE appellants-Defendants 1, 4 and 5 filed the second appeal against the decree and judgement in A. S. No. 140 of 1987 dated 14. 6. 1990 on the file of the Additional Chief Judge, City Civil Court, Hyderabad in allowing the appeal and setting aside the decree and judgement in O. S. No. 761 of 1977 on the file of the V Additional judge, City Civil Court, Hyderabad. The second appeal was disposed of on 18. 1. 1999 and thereupon the 1st respondent-plaintiff filed Civil Appeal 760 of 2001 (SLP 8739 of 1999) on the file of the Supreme Court of India and the Supreme Court set aside the decree and judgement in S. A. No. 284 of 1991 and the second appeal was remanded to the trial Court to decide the second appeal on merits after framing substantial questions of law, if any, arises in the case. The brief facts of the case are as follows: Ram Bilas Tapadia, who is the plaintiff, filed O. S. No. 761 of 1977 on the file of the V Additional Judge, City Civil Court, Hyderabad praying for a declaration that he is the absolute owner of the suit property and for possession and also to cancel the sale deed dated 21. 3. 1974 executed by defendants 2 and 3 in favour of 1st

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