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2024 Supreme(Online)(TEL) 26068

HIGH COURT OF TELANGANA
SAMBASIVARAO NAIDU, J
Chiman Lal Agarwal – Appellant
Versus
Ashish Agarwal – Respondent


THE HON’BLE SRI JUSTICE SAMBASIVA RAO NAIDU SECOND APPEAL No.1454 OF 2017

JUDGMENT:

Being aggrieved by the Judgment and Decree, dated

13.07.2016 in A.S.No.332 of 2014 on the file of III Additional Chief Judge, City Civil Court, Hyderabad, by which the 1st appellate Court dismissed their appeal, confirming the Judgment and Decree of the trial Court in O.S.No.1206 of 2012 on the file of IV Junior Civil Judge, City Civil Court, Hyderabad, whereunder the trial Court decreed the suit by granting perpetual injunction in favour of the respondents/plaintiffs, the 2nd defendant in the said suit filed this Second Appeal under Section 100 of C.P.C., on the following grounds:

The Judgment and Decree of the Courts below are illegal, contrary to law and against the facts and circumstances of the case. Both the Courts below committed an error in passing Decree for perpetual injunction on the basis of fabricated document marked as Ex.A1, which in fact does not convey any title to the respondent/plaintiff. The Court below committed an error in coming to the conclusion that the respondent is having right and interest over the suit schedule property, but failed to understand that he could not prove the

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