THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.77 of 2009 17th August 2009 Between: Syed Ali Akber Nizamuddin Hussaini, S/o.Late Syed Qutubuddin Hussaini, 58 years, Occ.Mutawalli, R/o.Dargah Hazarth Shah Khamoosh, Nampally, Hyderabad. …APPELLANT AND 1. Mohd.Khaja Pasha, S/o.Late Mohd.Ismail, 48 years, Occ.Business, R/o.5-6-588/2, Dargha Shah Qamoosh, Nampally, Hyderabad, A.P. And two others. …RESPONDENTS THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.77 of 2009 JUDGMENT: The respondents filed O.S.No.166 of 2008 in the Court of the I Senior Civil Judge, City Civil Court, Hyderabad, against the petitioner for the relief of declaration of title and permanent injunction in respect of the suit schedule property. They have also filed I.A.No.169 of 2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 {CPC}, for grant of temporary injunction. The petitioner opposed the interlocutory application on several grounds. It was pleaded that as regards the same property, he filed O.S.No.1532 of 1986 in the Court of the III Junior Civil Judge, Hyderabad, for the relief of eviction against the respondents and that the same was decreed. It was represented that the appeal as well as Second Appeal, filed against the decree, have also been dismissed. Through its order dated 24.09.2008, the trial Court allowed the I.A. Hence, this Civil Miscellaneous Appeal. Heard Sri S.Niranjan Reddy, learned counsel for the appellant, on the one hand and Mr.Nazir Ahmed Khan, learned counsel for the respondents, on the other. In relation to one item of immovable property, which was described as the one in M.No.5-6-588/2/3, situated near Dargah Shah Khamoosh, Nampally, Hyderabad, the appellant filed O.S.No.1532 of 1986 for the relief of eviction against the respondents. The suit was decreed and the decree became final on dismissal of appeal and Second Appeal. The respondents filed O.S.No.166 of 2008 in relation to property bearing M.No.5-6-588/2. It is not known as to whether they have pleaded in O.S.No.1532 of 1986 that they are in possession and enjoyment of property other than the one mentioned in that suit. Be that as it may, once the decree in O.S.No.1532 of 1986 has become final, the order of temporary injunction cannot be permitted to come in the way of execution of that decree. Hence, the Civil Miscellaneous Appeal is partly allowed by modifying the order in I.A.No.169 of 2008 to the effect that it shall not apply vis-à-vis the suit schedule property in O.S.No.1532 of 1986 on the file of III Junior Civil Judge, Hyderabad and it shall not come in the way of execution of the decree in that suit. No costs. _____________________ (L.NARASIMHA REDDY, J) 17th August 2009 RRB