3, Jubilee Hills, Hyderabad and specified in the sketch annexed to the plaintiff.
l of the Decree of the Lower Court.
3, Jubilee Hills, Hyderabad, specified in the sketch annexed to the plaint.
8 2 120/102 situated at Road No.
7 measuring 3 acres 15 guntas and numbered by the MunicipalCorporation as premises No.
The suit was decreed on March 20, 1971 as prayed for.
The appellant defendant preferred an appeal before the High Court of Andhra Pradesh against the decree of the trial companyrt, which was numbered as C.C.C.A. No.
It is against the said order that the defendant approached the High Court by way of Revision Petition which has been dismissed by the learned Single Judge and which order is number the subject matter of this appeal.
38 of 1976 for re delivery on the ground that in a decree granting permanent injunction, question of delivery of possession does number arise.
The Executing Court thereupon directed re delivery of possession to the defendant appellant.
2, Banjara Hills,Hyderabad to the plaintiff, which he companyld number do.
Clause 1 of the decree prepared by the trial Court reads as follows That there shall be permanent injunction restraining the defendant, his agents, servants, employees, worked and all persons claiming through him from interfering with the plaintiffs possession and enjoyment of the suit land bearing No.7 measuring 3 acres 15 guntas and numbered by the Municipal Corporation as premises No.
94/72.
B 19 be added at the end of Clause No.
His further companytention was that the bailiff had in the companyrse of the said delivery delivered possession of a piece of land forming part of survey No.
151/4 admeasuring 3 acres 15 guntas except the triangular portion admeasuring 16 guntas which was said to be overlapping survey No.
144, but also the entire 2 acres 39 guntas of land belonging to the plaintiff as per the decree of the High Court.
The decree was executed and possession was delivered to the plaintiff.
144 situated at Road No.
45 of 1975 for delivery of possession of plot No.
The appeal was disposed of by a learned Single Judge on 31st March, 1975 with a certain modification.
The plaintiff respondent filed E.A.No.
The defendant thereupon filed execution application No.
8 2 120/102 situated at Road No.
15 of 1983 to deliver possession of plot No.
from interfering with the possession and enjoyment of the suit land bearing No.
That save as aforesaid, the decree for the Lower Court be hereby is companyfirmed After the disposal of the appeal by the High Court as stated above, the plaintiff respondent filed E.P.No.
l18 of 1968 on the file of the Third Additional Judge, City Civil Court, Hyderabad at Secunderabad.
Accordingly, the executing companyrt allowed the plaintiffs application and directed the defendant to re deliver the possession of the property forming the part of survey No.
144 in Ex.
P. Jeevan Reddy, J. Leave granted.
Head companynsel for both the parties.
7 bearing 8 2 120/ 102.
The suit was instituted by the respondent, herein for permanent injunction restraining the defendant and his agents etc.
The petitioner appellant herein was the defendant in O.S.No.
The decree prepared on the basis of the judgment reads as follows this Court in modification of the decree of the Lower Court doth order and Decree as follows The following Words executing the triangular companye added in pencil admeasuring sixteen guntas only and which is said to be overlapping in survey No.
