JUDGMENT :

CITY CIVIL COURT APPEAL No.176 of 2001

1. The challenge in the present appeal is to the judgment and decree dated 28.06.2001 in O.S.No.1108 of 1992 on the file of the Additional Judge, City Small Causes Court-cum-VI Senior Civil Judge, City Civil Court at Hyderabad, wherein and whereby, the suit filed by the plaintiff for declaration and consequential injunction was dismissed.

2. The appellant herein is the plaintiff and the respondents herein are the defendants in the said suit. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the suit.

3. The case of the plaintiff is that he is the absolute owner and possessor of portion of house property bearing No.17-4-534 along with appurtenant land admeasuring 1171 square meters (1680 square yards), situated at Yakutpura, Hyderabad (hereinafter, it is referred to as “suit property”).

4. The pleadings further show that the first defendant is the step-mother of the plaintiff and the second defendant is the natural son of the first defendant. The first defendant is the absolute owner of properties bearing Municipal Nos.17-4-511, 17-4-535 to 37, admeasuring 5021 square yards. Prior to filing of dec