THE HON’BLE SRI JUSTI CE SAMBASI VA RAO NAI DU

JUDGMENT:

Being aggrieved by the judgment and decree dated

11-09-2017 in OS.No.882 of 2008 on the file of Additional Judge Cum VI Senior Judge, Hyderabad, where under, the suit filed by the respondent Nos.1 and 2 against respondents No.3 to 7 and also against the present appellant was decreed by the trial Court, the 6^th defendant in the above referred suit has filed this first Civil Appeal under Section 96 of Civil Procedure Code (for short ‘C.P.C.’) r/w Order 41 Rule 1 of CPC with a prayer to set aside the impugned judgment and dismissed the suit filed by the respondent No.1 herein.

2. Before adverting to the grounds under which this appeal is filed, it is just and necessary to refer the averments made by the 1^st respondent/plaintiff in the above referred suit and as to how the other parties to the suit contested the same.

3. The parties will be referred to as they are arrayed in the original suit. The plaintiff No.1 has filed the said suit with a prayer to declare the survey conducted by defendant No.1 and its report dated 22-03-2007 is null and void and not binding the plaintiffs and also for a consequential injunction to restrain the d