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2024 Supreme(Online)(Tel) 31572

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI, J
S.Thoms SPG Tamil Church Soceity Railway Station Road – Appellant
Versus
Church of South India Synod Madra – Respondent


Advocates:
For the Appellants/Petitioners: Sri Suresh Shiv Sagar
For the Respondents: Sri D.V. Seetharama Murthy, Sri A. Srinivas

Table of Content
1. background of the church's establishment and property ownership. (Para 1 , 2)
2. trial court's findings on ownership and possession. (Para 5 , 6 , 7)
3. first appellate court's review and findings. (Para 9 , 10 , 12)
4. legal principles regarding settled possession and injunction. (Para 16 , 17 , 19)
5. analysis of the law concerning possession and rights. (Para 18 , 20 , 21 , 22 , 23)
6. final judgment and dismissal of the appeal. (Para 24 , 25)

JUDGMENT:

This Second Appeal is filed by the appellant – appellant – plaintiff aggrieved by the judgment and decree dated 17.01.2005 passed in A.S.No.162 of 2003 by the I Additional Chief Judge, City Civil Court, Secunderabad, confirming the judgment and decree dated 13.10.2003 passed in O.S.No.1095 of 1997 by the XVII Junior Civil Judge-cum-Principal Rent Controller, Secunderabad.

2. The parties are hereinafter referred as arrayed before the trial court as plaintiff and defendants.

3. The plaintiff-church filed the suit for perpetual injunction to restrain the defendants 1 to 3 from interfering with their peaceful possession and enjoyment or from entering into any lease or other agreements with anybody in respect of the suit sch

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