Syed Athatruddin / Iqbal v. City Municipality

SMT JUSTI CE T. RAJANI SECND APPEAL No.4 8 8 of 2 0 1 8 JUDGMENT:

This second appeal is preferred, by the appellant, aggrieved by the judgment, dated 12.06.2015 passed in A.S.No.26 of 2011 by the Court of the Judge, Family court-cumIV Additional district and Sessions Judge, Adilabad, which confirmed the judgment, dated 05.08.2011, passed in O.S.No.7 of 2008 by the Court of Senior Civil Judge, Adilabad, by virtue of which the trial court dismissed the suit, which was filed by the plaintiff for injunction and declaration, on the ground that the Government, which is a necessary party, is not made a party and also holding that the complainant failed to prove his possession over the suit property.

2.

The appellate court also gave a clear finding with regard to the failure of the plaintiff in proving his possession over the suit land. One of the questions of law before this court is that the court below did not consider Exs.A1 to A6. But a reading of the impugned judgment would show that Exs.A1 to A6 were very much taken into consideration. Hence, this court does not find any substantial questions of law, for entertaining the appeal. 3.

Accordingly, the Second Appeal is dismissed at the admission stage. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J September 7, 2018 LMV