IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CCCA.NO.439 OF 2018 AND CROSS OBJECTIONS NO.22 OF 2019 Dated: 07^th APRIL, 2026 BETWEEN :

CCCA No.439 of 2018:

Suryakant S.Mahendrakar … Appellant/Defendant AND Sainath Mahendrakar, S/o.Late Sakharam Mahindrakar, Aged about 54 years, 2^nd Floor of premises bearing No.5-4-477 & 5-4-482, Kattalmandi, Nampally Station Road, Hyderabad – 500 001. …Respondent/Plaintiff CROSS OBJECTIONS No.22 of 2019:

Sainath Mahendrakar … Appellant/Plaintiff AND Mr. Suryakant S.Mahendrakar, S/o.Late Sri Sakharam Mahendrakar, Hindu, aged about 74 years, Occ:Business, R/o.First Floor premises bearing M.No.5-4-477 &

5-4-482, situated at Kattalmandi, Nampally Station Road, Hyderabad – 500 001.

…Respondent/Defendant

COMMON J U D G M E N T

CCCA No.439 of 2018:

1.1. This Memorandum of Appeal is filed under Section 96 of the Civil Procedure Code, 1908 (for short 'CPC') assailing the judgment and decree in OS No.444 of 2009, dated 14.09.2018 passed by the learned XXV Additional Chief Judge, City Civil Court at Hyderabad where under respondent-plaintiff was declared as owner of the First Floor and the appellant-defendant was directed to vacate the premises.

1.2. Appellant is the defendant and respondent is the plaintiff in OS No.444 of 2009.

Cross Objections No.22 of 2019

2.1. This Memorandum of Cross Objections is filed under Order 41 Rule 22 of CPC assailing the judgment and decree passed in OS No.444 of 2009, dated 14.09.2018 by the learned XXV Additional Chief Judge, City Civil Court at Hyderabad where under claim for mesne profits was rejected.

2.2. Appellant is the plaintiff and respondent is the defendant.

3. For the sake of convenience, the parties will be herein after referred to as arrayed in CCCA No.439 of 2018 as appellant-

defendant and respondent-plaintiff.

4. The relief prayed by the respondent-plaintiff in OS.No.444 of

2009 is as under:

a) Plaintiff be declared as owner of the suit schedule property i.e. First Floor forming part and parcel and covered by Municipal No.5-4-477 and 5-4-482 situated at Kattalmandi, Nampally Station Road, Hyderabad as per the schedule of the property given in the plaint and delineated in red colour in the plan annexed hereto.

b) Defendant be directed to vacate the suit schedule property and actual, vacant and physical possession thereof be delivered to the plaintiff.

c) Defendant be directed to pay mesne profits, damages and compensation for wrongful use and occupation at Rs.12,000/- p.m. from the date of the suit till the date of vacating the premises and delivery of actual, vacant and physical possession to the plaintiff.

d) Costs of the suit be allowed.

e) Such other relief or reliefs to which the plaintiff may found entitled be also granted.

5. The suit schedule is as under:

SCHEDULE OF THE PROPERTY All that First Floor admeasuring 1000 Sq.ft area of construction with

1/3^rd land area share in the entire property covered by and forming part and parcel of the premises bearing No.5-4-477 and 5-4-482 situated at Nampally Station Road, Kattalmandi, Hyderabad – 500 001 and delineated in red colour in the plan annexed hereto and bounded as under :

On the East : Partly by property No.5-4-483 and partly Kattalmandi Road and partly 5-4-484 On the West : Partly by property No.5-4-476 and partly 5-4-486 On the South : Partly by House No.5-4-484, 5-4-486 On the North : Partly by property No.5-4-481 and partly by lane

6.1. The plaint in OS.No.444 of 2009 states that the mother of the respondent-plaintiff by name Smt.Radha Bai Mahendrakar was the absolute owner and possessor of the entire property covered by Municipal No.5-4-477 & 5-4-482 consisting of Ground, First and Second Floors situated at Nampally Station Road, leading from Abids Road, GPO Circle towards Nampally Station. Respondent- plaintiff and his mother are residing in the Second floor of the building. Smt.Radha Bai Mahendrakar permitted the appellant- defendant to use the First floor and he wa