JUDGMENT

M.S.Ramachandra Rao, J. - These two appeals arise between the same parties out of the same suit and therefore they are being disposed of by this common Judgment.

2. The appellants in both the appeals are defendant Nos.1 and 2 in O.S.No.863 of 2019 on the file of the XIV Additional District Judge, Ranga Reddy District at L.B. Nagar.

The case of the plaintiffs/respondents 1 to 5

3. Respondent Nos.1 to 5/plaintiffs filed the said suit against appellants in respect of an open land admeasuring Ac.4.28 gts forming part of southern portion of Sy.No.209 consisting of 61 plots situated at Kuntloor Village, Abdullapurmet Mandal, Ranga Reddy District, in a representative capacity, invoking Order I Rule 8 C.P.C.

4. It is not in dispute that a separate application under Or.1 rule 8 CPC seeking permission of the Court to file the suit in representative capacity is also presented along with the suit and is still pending on the file of the said Court and has not been disposed of yet.

5. It is the case of the respondent Nos.1 to 5 in the suit that they are owners of plots of land in Sy.No.209 in Kuntloor village and they had purchased the same under sale deeds executed in their favour between 1980 to 2007.

6. According to them, one M.Punnaiah Goud, S/o.late M.Bagaiah owned this land and he was granted Occupancy Right Certificate (ORC) under the provisions of A.P. (Telangana Area) Abolition of Inams Act, 1955 vide proceedings bearing No.E/387/75 dt.28-12-1979. They alleged that thereafter he along with neighbouring ORC holders made plots, obtained sanction and sold plots to various persons. It is also alleged that the plots which are purchased by respondent Nos.1 to 5 are in the southern portion of the layout plan said to have been prepared by the said Punnaiah Goud.

7. Respondent Nos.1 to 5 contended the said Punnaiah Goud passed away on 24-07-1996 leaving behind his son Anjan Kumar Goud; in disputes between respondent Nos.1 to 5 and some plot owners and one Qasim Ali, who was claiming ownership on northern part of Sy.No.209 of Kuntloor village, the said Anjan Kumar Goud was assisting and helping respondent Nos.1 to 5 and some plot owners for protecting their lands and he even made a statement Ex.P-33 on 21-07-2004 before the Revenue Divisional Officer, Hyderabad East acknowledging sales made by his late father in favour of persons like respondent Nos.1 to 5; that he had also filed L.G.C.No.19 of 2010 against certain parties before the Special Court for Land Grabbing (Prohibition) Act, 1982 at Hyderabad and admitted during his deposition in cross-examination on 12-09-2010 before the said Court that his father had divided the land into plots in Sy.Nos.204, 208 and 209 and sold all the plots; that in Writ Petition No.28677 of 2009 filed before the High Court of Andhra Pradesh, Hyderabad also, the said Anjan Kumar Goud filed an affidavit stating that there was a layout in respect of Ac.4.28 gts in Sy.No.209, which was sold to third parties during the years 1980 to 1986; that the said Anjan Kumar Goud died on 05-11-2016 and thereafter the 1st appellant and 2nd appellant, who are widow and son of the said Anjan Kumar Goud, got a draft layout dt.30-04-2009 and final layout dt.15-07-2019 (Ex.R-9) through Hyderabad Metro Development Authority (HMDA) and started selling the plots already sold by late Punnaiah Goud to third parties; and the said purchasers starting interfering with their possession and enjoyment. They also contended that appellant No.1, suppressing the sale of property by Punnaiah Goud, also obtained Exs.R-1 to R-3 pattadar pass book and title deeds in respect of the suit schedule property behind the back of respondent Nos.1 to 5.

8. They therefore filed the suit to declare that the draft layout plan dt.30-04-2019 issued by the HMDA (R-6) is illegal, fraudulent, collusive and not binding on respondent Nos.1 to 5 and consequently to cancel the same; to declare the registered mortgage deed dt.06-07-2019 executed by 1st appellant i