HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CITY CIVIL COURT APPEALNo.91 of 2014

JUDGMENT:

(per Hon’ble Sri Justice Laxmi Narayana Alishetty)

This appeal is filed aggrieved by the judgment and decree dated 02.06.2014 in O.S.No.719 of 2007 on the file of the IIAdditional Chief Judge, City Civil Court, Hyderabad.

2. Heard Sri Mohd. Ajmal Ahmed, learned counsel for the appellant, and Sri Kiran Palakurthi, learned counsel for the respondents.

3. The appellant herein is defendant and respondent No.1 herein is plaintiff in the suit. During the pendency of this appeal, respondent No.1 died; hence, his legal representatives were brought on record as respondent Nos.2 to 4. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

4. The facts that lead to filing of the present appeal as averred in the plaint are as hereunder:

(i) the plaintiff is the owner and possessor of house property bearing municipal No.12-2-800/441/3, admeasuring 295 square yards situated at Dilshadnagar Colony, RetiBowli, Mehdipatnam, Hyderabad (hereinafter referred to as “suit schedule property”), having acquired the same under registered gift