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2019 Supreme(Telangana) 405

M.S.RAMACHANDRA RAO, K.LAKSHMAN
Rubina Syed Faizuddin – Appellant
Versus
Syed Hamza (Died as per LRs. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manjari S. Ghanu.
For the Respondents: Rakesh Sanghi, Anjana Taggarse.

JUDGMENT :

M.S. RAMACHANDRA RAO, J.

1. The applicants in these applications are appellants in the CCCA No. 18 of 2013 and are also defendant Nos. 26 to 30 in O.S. No. 123 of 1997 on the file of IX Additional Chief Judge, City Civil Court at Hyderabad, out of which the said appeal arises.

2. I.A. No. 3 of 2019 is filed by them invoking Order XXXIX Rule 1 and 2 CPC for a mandatory injunction in their favor and against the respondents 27, 35, 37 and 38 directing the latter to forthwith remove their henchmen from items 2 and 3 of the decree schedule properties.

3. I.A. No. 5 of 2019 is filed by the applicants seeking police aid for removing the personnel/henchmen from these two items of property.

4. I.A. No. 4 of 2019 is filed by applicants invoking Order XXXIX Rule 1 and 2 CPC for an injunction restraining the respondents 34 to 38 and other respondents also from interfering with the peaceful possession of the applicants in relation to all the items mentioned in the decree schedule attached to the preliminary decree dated 24.09.2012 in O.S. No. 123 of 1997 pending the appeal.

5. Interim orders had been passed allowing these applications earlier by this Court on 16.10.2019, but the same were

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