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2012 Supreme(AP) 931

B.CHANDRA KUMAR
State of A. P. rep. by Collector, Hyderabad District, Nampally, Hyderabad – Appellant
Versus
B. Ranga Reddy – Respondent


Advocates Appeared:
For the Appellants:A. Sudershan Reddy, Advocate-General.
For the Respondents: Sri Challa Sitaramaiah, learned Senior Counsel, representing Sri B.
Rajendra, M. Narender Reddy, Advocates.

Judgment

The preliminary objection raised by Sri Challa Sitaramaiah, learned Senior Counsel, representing Sri B. Rajendra and M. Narender Reddy, learned counsel for the respondents, is that the present appeal is not maintainable since the appellants herein i.e., State of Andhra Pradesh have not challenged the common findings in O.S. Nos.274 and 276 of 1983, but challenged only the findings in O.S. No.141 of 1984 and, therefore, this appeal is hit by the principle of Res judicata.

The brief facts of the case are as follows. One Ghulam Ahmed Khan filed O.S. No.274 of 1983 claiming title to an extent of Ac.6.08 guntas in Survey No.9/13, Khairatabad village, within the specified boundaries seeking declaration of title and for injunction. One Mohd. Osman filed O.S. No.276 of 1983 claiming title to an extent of Ac.3.00 guntas in Survey No.9/13 of Khairatabad village within the specified boundaries. One Ranga Reddy, Vijaya Reddy and 7 others filed O.S. No.141 of 1984 claiming title to an extent of Ac.19.23 guntas in Survey Nos.49 and 50 in Rasoolpura village, Hyderabad within the specified boundaries. In all these suits, the relief sought is declaration of title and injunction and certain












































































































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