MOHD GHOUSUDDIN Vs. KHAJA MOINUDDIN
LAWS(APH)-2009-7-24
HIGH COURT OF ANDHRA PRADESH
Decided on July 17,2009

MOHD GHOUSUDDIN Appellant
VERSUS
KHAJA MOINUDDIN Respondents


Referred Judgements :-

A.E. SALAYJEE V. FATIMA BI BI [REFERRED TO]
LALITABEN JAYANTILAL POPAT V. PRAGNABEN JAMNADAS KATARIA AND OTHERS [REFERRED TO]
MOHAMMAD ATA HUSAIN KHAN AND OTHERS V. HUSAIN ALI KHAN AND OTHERS [REFERRED TO]
HAJI GULAM MAHOMED AJAM V. AISHABAI AND OTHERS [REFERRED TO]
H VENKATACHALA IYENGAR VS. B N THIMMAJAMMA [REFERRED TO]
KALYAN SINGH LONDON TRAINED CUTTER JOHRI BAZAR JAIPUR VS. CHHOTI [REFERRED TO]
M KRISHNA RAO VS. M L NARASIMHA RAO [REFERRED TO]
NARUNNISA VS. SHEIK ABDUL HAMID [REFERRED TO]
DAMODAR KASHINATH RASANE ANDSAHAJADIBAI VS. SHAHJABAI [REFERRED TO]
HARMES VS. HINKSON [REFERRED TO]
BIRO VS. ATMA RAM [REFERRED TO]


JUDGEMENT

- (1.)THIS appeal is filed by the unsuccessful first defendant being aggrieved of the judgment and decree made in O. S. No. 65 of 1983 on the file of the Principal subordinate Judge, Warangal.
(2.)THE appellant died and the legal representatives, appellants 2 to 5 were brought on record. The second defendant, Khader Mohiuddin, who is shown as R-7 in the present appeal had not claimed any interest as can be seen in his written statement. The appeal against R-7 had been dismissed as per the order dated 15. 6. 2006. The contesting respondents, respondents 1 to 6, plaintiffs in the suit, filed the said suit O. S. No. 65 of 1983 on the file of the Principal subordinate Judge, Warangal, for the relief of declaration, permanent injunction and other appropriate reliefs. The first plaintiff Khaja Moinuddin died and the legal representatives, plaintiffs 2 to 6, were added as per the order made in i. A. No. 541 of 1989, dated 12. 6. 1989.
(3.)THE trial court, in the light of the respective pleadings of the parties, having settled the issues, recorded the evidence of P. Ws. 1 to 4, D. Ws. 1 and 2, marked Exs. A-1 to A-36 and ultimately came to the conclusion that the plaintiffs are entitled to the reliefs prayed for and accordingly decreed the suit. Aggrieved by the same, the present appeal had been preferred.


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