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1996 Supreme(AP) 1160

P.VENKATRAMA REDDY
N. Raghotham Rao (died) Per L. R. – Appellant
Versus
M. C. H. , Hyderabad – Respondent


P. VENKATARAMA REDDY, J.

( 1 ) THIS Civil Revision Petition is filed against an order refusing amendment of the plaint so as to seek the relief of declaration of title in respect of the suit schedule land which is described as a passage. The suit was filed for perpetual injunction restraining the defendant-Municipal Corporation from interfering with the possession of the suit schedule land shown in yellow colour in the plan. The plaintiffs claimed the same as being an integral part of their building bearing Municipal Nos. 4-l-ll/d/3, 4-1-11/d/4 and 4-1-11/d/5 situate at tilak Road, Hyderabad. It is the contention of the defendant-Corporation that the vendors of the plaintiffs had no right to sell the suit-schedule land describing it as common passage meant for their exclusive use. It is the contention of the Corporation that the land in question is part of the road set apart as such in the approved lay-out. It is also stated that the lay-out was sanctioned subject to the condition of leaving 20 feet wide road and if the disputed portion is excluded, the road will be only 15 feet. The 2nd respondent herein who is a neighbour impleaded himself as a defendant in the suit.

( 2 ) DURING







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