THE HONOURABLE Dr.JUSTICE G.RADHA RANI CITY CIVIL COURT APPEAL No.163 of 2001 AND TRANSFER APPEAL SUIT No.684 of 2016

COMMON JUDGMENT:

CCCA No.163 of 2001 is filed by the appellant-plaintiff aggrieved by the judgment and decree dated 17.01.2000 in O.S. No.110 of 1996 on the file of III Senior Civil Judge, City Civil Court, Secunderabad for dismissing the suit filed by her seeking the relief of declaration of title and consequential injunction.

2. The plaintiff in O.S. No.110 of 1996 was shown as defendant in O.S. No.378 of 1997. O.S. No.378 of 1997 was filed by the respondent herein as plaintiff seeking the relief of perpetual injunction. The respondent herein initially filed O.S. No.517 of 1994 on the file of XI Assistant Judge, City Civil Court, Secunderabad and the same was transferred to III Senior Civil Judge, Secunderabad and re-numbered as O.S. No.378 of 1997. Both the suits were tried together by the III Senior Civil Judge and evidence was adduced in common in both the suits. O.S. No.110 of 1996 was dismissed and O.S. No.378 of 1997 was decreed with costs.

3. Aggrieved by decreeing of the suit in O.S. No.378 of 1997, the defendant therein preferred A.S. No.26 of 2012 on the fi