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2025 Supreme(Online)(Tel) 56166

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Khader Mohiuddin (Died as per LRs.) – Appellant
Versus
Late Smt. Potti Rajeshwari (Died as per LRs) – Respondent


HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

JUDGMENT:

The Second Appeal is filed questioning the judgment and decree, dated 22.11.2024, passed by the III Additional Chief Judge, City Civil Court, Hyderabad in A.S.No.275 of 2016, whereby and whereunder the judgment and decree, dated 15.09.2016, passed by the XIX Junior Civil Judge, City Civil Court, Hyderabad in O.S.No.1042 of 2013 was confirmed.

2. The appellant No.1 herein is defendant in the suit (initially the suit was filed by plaintiffs against the sole defendant; as the sole defendant expired, his legal heirs were brought on record as appellant Nos.2 to 6). Respondent Nos.1 and 2 are plaintiffs in the suit. Respondent Nos.1 and 2 expired; as such, their legal heirs were brought on record as respondent Nos.3 to 5). For convenience, hereinafter the parties are referred to as they were arrayed in the suit.

3. The brief facts of the case, which led to the filing of the present Second Appeal, are that the plaintiffs filed a suit for permanent injunction against the defendant, restraining him from trespassing or interfering with the suit schedule property, i.e., H.No.16-7-737, Kattalguda, near Kamal Talkies, Hyderabad, admeasuring 4

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