THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CITY CIVIL COURT APPEAL NO.165 OF 2016

ORDER:

1. This appeal is filed under Section 96 of Civil Procedure Code (hereinafter referred to as CPC) assailing the judgment and decree in O.S.No.1821 of 2007, dated 30.03.2016, passed by the Additional Judge - cum - VI Senior Civil Judge, Hyderabad.

2. Appellant is the plaintiff and respondents are the defendants in the suit.

Averments of the plaint:

3.1 Appellant-plaintiff is the absolute owner, possessor and enjoyer of house bearing No. 8-3-167/A/1 consisting of ground floor plus, two upper floors at Vikasapuri, S.R.Nagar, Yousufguda, Hyderabad. Appellant-plaintiff was allotted open plot No.1, admeasuring 300 sq.yds. i.e., 250.80 sq.mts, being the member of M/s. B.H.E.L. (R and D) Employees Cooperative Housing Society (i.e., defendant No.4) under registered sale deed bearing document No.2026/1978 for valuable sale consideration. Initially, the appellant - plaintiff constructed ground floor after obtaining permission from the concerned authorities. Subsequently, he constructed two upper floors after obtaining permission vide permit No.27/52, dated 08.11.2002 from Circle No.5, Municipal Corporation of H