COMMON C.T. IN BOTH C.M.A'S : ...PROPOSED LRS/APPELLANTS 3 TO 6 AND 1. Pandit Ashok Kumar Tiwari, S/o. Late Pandit Bala Prasad Ji Tiwari, Aged about. 50 years, Occ. Legal Practitioner, Presently residing at 2-4-48, (New) 42, (old), Bal Ganesh Khand, Tiwari Sadan, Ground Floor Po(ion, Entire first and second floor, lvlahatma Gandhi Road, Ramgopalpet, Secunderabad - 500003 ...RES'.NDENT/'ET,r.NER/'LAINTTFF 2. The Revenue Divisional Officer cum Maintenance Tribunal, Secunderabad Division, Hyderabad District, Having office at Opp. Post Graduate College, Sardar Patel Road, Secunderabad - 500003. Between: 1 . Smt. Sharda Tiwari, (Died per LR's 3 to 6). 2. Shiv Shanker Tiwari @ Alok, S/o. Late Pandit Bala Prasad Ji Tiwari Aged about. 42 years, Occ. Astrology consultant, R/o. tvlunicipal No.30-85/3A (Old) and 1-30-741 (New), Kaushalya Bhawan, constructed on Plot Nos. 221 @ 222, Shiva Nagar Colony, Kanajiguda, Alwal Revenue Village and Mandal, Trimulgherry, tt4alkajgiri Revenue Division ...APPELLANTS/RESPONDENTS 1 &2 3. Smt Sangeeta Tiwari @ Sangeeta Pandey @ Padain D/o Late Smt Sharda Tiwari @ Pandit Bala Prasad Ji Tiwari R/o H.No.8-30/L/12 "Sonia Residency", Road No.4, New Hema Nagar Colony, Nacharam Revenue Village, Uppal Revenue tvlandal, IVlalkajgiri Revenue Division, Medchal-Malkajgiri District 4. Smt Kavita Tiwari @ Kavita Hazari D/o Late SmtSharda Tiwari @ Late Pandit ' Bala Prasad Ji Tiwari R/o H.No.2-1 1.0 "Hazari Bhawzin", Burgula Revenue Village, Via Shad Nagar, Farooq Nagar Revenue lvlandal, Shad Nagar, Revenue Division, Ranga Reddy District 5. Smt Sushma Tiwari @ Sushma Gaur D/o Late Smt Sharda Tiwaii @ Late Pandit Bala Prasad Ji Tiwari R/o lvlunicipal No.25-114, Plot No.4, Shree Hari Kunj, Gollaguda, Subhash Nagar, Venkatapuram Revenue Village, Alwal Revenue lt/andal, lt/alkajgiri Revenue Division, Medchal Malkajgiri District 6. Smt.SandhyaTiwari @ Sandhya D/o Late Smt Sharda Tiwari & Late Pandit Bala Prasad Ji Tiwari R/o R/o H-No.8-30/L/12 "Sonia Residency", Road No-4, New Hema Nagar Colony, Nacharam Revenue Village, Uppal Revenue tt4andal, Ivlalkajgiri Revenue Divisron, Medchal-lt/alkajgiri District. (Appellants 3 to 6 are brought on record as LR's of deceased 41 vide Court Order dated 24.04.2023 in LA.No.3 of 2023 in CMA.No. 337 of 2022 and CMA No. 338 of 2022 ) HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU C.M.A.Nos. 337 AND 338 OF 2022 3. The Assistant Director, Disabled and Senior Citizens Welfare, Hyderabad District cum Committee Member, Having office at Manoranjan Complex, Gr- Floor, Near Ajanta Gate, M.J. Road, Hdyerabad - 500001 4. The Help Age lndia, Committee lr,4ember for Disabled and Senior Citizen, Having office at 2-2-3lNA5, Premasai Bhuvanam Apartment. Besides Advanced Training lnstitute, Shivam Road, Hyderabad - 500004. 5. Smt. Narender Kakkar, wife of Late Sri, Vishnu Kakkar, Hindu, aged 67 years, Committee Member for Disabled and Senior Citizen, Hyderabad District, having office at Flat No.404 and 405, Sai Kiran Apartment, Block No.2, Sri Nagar Colony, Hyderabad-500 073, Telangana State 6. The Sub-Registrar, Vallabh Nagar, erstwhile Ranga Reddy Districl, now Medchal-lvlalkajgiri District, having offrce at 1-8-505/10. Prakash Nagar Road, Prakash Nagar, Begumpet, Hyderabad-500 0'16, Telangana State. 7. The Sub-Registrar, Bala Nagar, erstwhile Ranga Reddy District, now tvledchal-tt4alkajgiri District, having office at Plot No.5, Opp. l.D.P.L Road, Bala Nagar, Hyderabad - 500 037, Telangana State. 8. The District Registrar, erstwhile Ranga Reddy District, now Medchal Malkajgiri District, having office at ttiledchal- 501 401. Telangana State 9. The Greater Hyderabad Municipal Corporation, represented by its Deputy Commissioner, Circle-16, Alwal (North Z having office at Municipal Complex. Temple Alwal Road, Alwal, Secunderabad-S00010, Telangana State. 10. The Greater Hyderabad Municipal Corporation, represented by its Zonal Commissioner, (North Zone), having office at Municipal Complex, West Marredpaily Main Road, Ashwini Colony, Beside City Civil Court Complex, via. Sardar Patel Road, Secunderabad-500 026, Telangana State. 1 1 . The Southern Power Distribution Company of Telangana Limited, (T.S.S.P.D.C.L., (A Govt. of Telangana Ltd.,) represented by its Divisional Engineer, (Operations), North Circle, Bowenpally Division, having office at Bowenpally, Secunderabad-500 01 1, Telangana State. 12. The Hyderabad Metropolitan Water Works and Sewerage Board, represented by its General Manager (EnSS ), Operation and Maintenance, Division No.13, Circle No. V, (Alwal and Malkajgiri), having office at Neredmet Sanikpuri, Dr. A. S. Rao Nagar Cross Road, Cyberabad-sO0 094, Telangana State 13.The Asst. Pension Payment Officer, Secunderabad, having office at Hari Hara KaraBhawan'sardarPaterRoag""-'38L1"{ii?'Srt3f, ol",l,ff ?lEt=tffi o*r. C.M.A.No.337 ol 2O22 : Appeal under Order 43 Rule 1 of C.P.C against the Order and decree made in 1.A.No.1205 of 2018 in O.S.No.333 ot 2O18 dated 10.03.2022 on the file of the Court of the XVI Additional District & Sessions Judge, at Malkajgiri. C.M.A.No.338 of 2022: Appeal under Order 43 Rule 1 of C.P.C against the Order and decree made in 1.A.No.1204 of 2018 in O.S.No.333 of 2018 dated 10.03.2022 on the file of the Court of the XVI Additional District & Sessions Judge, at Malkajgiri. ts- lA NO: 2 OF 2022 in C.M.A.No.337 ot 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operatron of decree and order d1.10.03.2022 passed in 1.A.No.1205 of 2018 in O.S.No.333 of 2018 on the file of the Principal District Judge, Medchal Malkajgiri District at Malkajgiri, pending disposal of main appeal and to pass IA NO: 3 OF 2022 in C.M.A.No.337 ot 2022 l.A NO: 1 OF 2023 in C.M.A.No.337 of 2022 Petition under Section 5 of Limitation Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of (2) days in filing an application to set aside the abhtement caused. COMMON C.T. lN l.A.No.2&3 ot 2023 in C.M.A.No.337 ot 2022 Between Smt. Sharda Tiwari, (Died per LRs) Shiv Shanker Tiwari @ Alok, S/o. Late Pandit Bala Prasad Ji Tiwari Aged about. 42 years, Occ. Astrology consultant, R/o. Municipal No.30-85/3A (Old) and 1-30-741 (New), Kaushalya Bhawan, constructed on Plot Nos. 221 @ 222, Shiva Nagar Colony, Kanajiguda, Alwal Revenue Village and Mandal, Trimulgherrv' Malkajgiri *"""n':.?IgELao*-arr=r,roNER/DEFENDANT AND 1 2 1. Pandit Ashok Kumar Tiwari, S/o. Late Pandit Bala Prasad Ji Tiwari, Aged about. 50 years, Occ. Legal Practitioner, Presently residing at 2-4-48, (New) 42, (old), Bal Ganesh Khand, Tiwari Sadan, Ground Floor Portion, Entire first and second floor, Mahatma Gandhi Road, Ramgopalpet, Secunderabad - 500003 ...RESpoNDENT/pETrroNERypLArNTrFF 2. The Revenue Divisional Officer cum Maintenance Tribunal, Secunderabad Division, Hyderabad District, Having office at Opp. Post Graduate College, Sardar Patel Road, Secunderabad - 500003. 3. The Assistant Director, Disabled and Senior Citizens Welfare, Hyderabad District cum Committee Member, Having office at Manoranjan Complex, Gr. Floor, Near Ajanta Gate, tvl.J. Road, Hdyerabad - 500001 4. The Help Age India, Committee Member for.Disabled and Senior Citizen, Having office at 2-2-3lNA5, Premasai Bhuvanam Apartment. Besides Advanced Training lnstitute, Shivam Road, Hyderabad - 500004. Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in O.S.No.333 of 2O1A on the file of the Principal District Judge, Medchal Malkajgiri District at Malkajgiri. Pendinq M.Ps in C.M.A.Nos.338 of 2022 lA NO: 2 OF 2022 in C.M.A.No.338 ot 2022 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of decree and order dt.1o.03.2022 passed in 1.A.No.1204 of 2018 in O,S.No.333 of 2018 on the file of the Principal District Judge, Medchal tvlalkajgiri District at lvlalkajgiri. lA NO: 3 OF 2022 in C.M.A.No.338 ot 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in O.S.No.333 of 2018 on the file of the Principal District Judge, Medchal lvlalkajgiri District at Malkajgiri. Petition under Section 5 of Limitation Act praying that in the circumstances staited in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of (2) days in filing an application to set aside the abatement caused. COMMON C.T. lN l.A.No.2&3 ot 2023 in C.M.A.No.338 ol 2022 Between 1 2 Smt. Sharda Tiwari, (Died per LRs) Shiv Shanker Tiwari @ Alok, S/o. Late Pandit Bala Prasad Ji Tiwari Aged abouL 42 years, Occ. Astrology consultant, R/o. Municipal No.30-85/3A (Old) and 1-3O-741 (New), Kaushalya Bhawan, constructed on Plot Nos. 221 @ 222, Shiva Nagar Colony, Kanajiguda, Alwal Revenue Village and Mandal, rrimulsherrv' Malkajgiri ***':.XYEEl.,-o*rarr..,roNER/DEFENDANT AND '1. Pandit Ashok Kumar Tiwari, S/o. Late Pandit Bala Prasad Ji Tiwari, Aged about. 50 years, Occ. Legal Practitioner, Presently residing at 2-4-48, (New) a2, @ld), Bal Ganesh Khand, Trwari Sadan, Ground Floor Portion, Entire first and second floor, Mahatma Gandhi Road, Ramgopalpet, Secunderabad - 500003 .,. RESPONDENT/PETITIONER/PLAINTI FF 2. The Revenue Divisional Officer cum Maintenance Tribunal, Secunderabad Division, Hyderabad District, Having office at Opp. Post Graduate College, Sardar Patel Road, Secunderabad - 500003. 3, The Assistant Director, Disabled and Senior Citizens Welfare, Hyderabad District cum Committee Member, Having office at Manoranjan Complex, Gr. Floor, Near Ajanta Gate, tt,4.J. Road, Hdyerabad - 500001 l.A NO: 1 OF 2023 in C.M.A.No.338 of 2022 I i 5. Smt. Narender Kakkar, wife of Late Sri, Vishnu Kakkar, Hindu, aged 67 years, Committee lvlember for Disabled and Senior Citizen, Hyderabad District, having office at Flat No.404 and 405, Sai Kiran Apartment, Block No.2, Sri Nagar Colony, Hyderabad-S0O 073, Telangana State 6. The Sub-Registrar, Vallabh Nagar, erstwhile Ranga Reddy District, now Medchal-Malkajgiri District, having office at 1-8-505/1 0. Prakash Nagar Road, Prakash Nagar, Begumpet, Hyderabad-5O0 016, Telangana State. 7. The Sub-Registrar, Bala Nagar, erstwhile Ranga Reddy District, now Medchal-Malkajgiri District, having office at Plot No.S, Opp. l.D.P.L Road, Bala Nagar, Hyderabad - 500 037, Telangana State. 8. The District Registrar, erstwhile Ranga Reddy District, now Medchal Malkajgiri District, having office at Medchal- 501 401 . Telangana State 9. The Greater Hyderabad Municipal Corporatron, represented by its Deputy Commissioner, Circle-16, Alwal (North Z having office at Municipal Complex. Temple Alwal Road, Alwal, Secunderabad-500010, Telangana State. 10. The Greater Hyderabad lvlunicipal Corporation, represented by its Zonal Commissioner, (North Zone), having office at l/unicipal Complex, West Marredpally Main Road, Ashwini Colony, Beside City Civil Court Complex, via. Sardar Patel Road, Secunderabad-500 026, Telangana State. 1 1 . The Southern Power Distribution Company of Telangana Limited, (T.S.S.P.D.C.L., (A Govt. of Telangana Ltd.,) represented by its Divisional Engineer, (Operations), North Circle, Bowenpally Division, having office at Bowenpally, Secunderabad-500 01 1, Telangana State. 12. The Hyderabad Metropolitan Water Works and Sewerage Board, represented by its General lvlanager (Engg.), Operation and Maintenance, Division No.13, Circle No. V, (Alwal and Malkajgiri), having office at Neredmet Sanikpuri, Dr. A. S. Rao Nagar Cross Road, Cyberabad-sOO 094, Telangana State 13. The Asst. Pension Payment Officer, Secunderabad, having office at Hari Hara Kala Bhawan, Sardar Patel Road, Secundera-500 003, Telangana State l4.smtsanseetariwari@a;f &t"?,"L'"=#J%*tt"t',P,HFil3Bfr i=.I3'tI* Tiwari @ Pandit Bala Prasad Ji Tiwarr R/o H.No.8-30/U12 "Sonia Residency", Road No.4, New Hema Nagar Colony, Nacharam Revenue Village, Uppal Revenue Mandal, ttilalkajgiri Revenue Division, tvledchal-tr/alkajgiri District 15. Smt Kavita Tiwari @ Kavila Hazari D/o Late SmtSharda Tiwari @ Late Pandit Bala Prasad Ji Tiwari R/o H.No.2-1 10 "Hazari Bhawan", Burgula Revenue Village, Via Shad Nagar, Farooq Nagar Revenue Mandal, Shad Nagar, Revenue Division, Ranga Reddy District 16. Smt Sushma Tiwari @ Sushma Gaur D/o Late Smt Sharda Tiwari @ Late Pandit Bala Prasad Ji Tiwari R/o Municipal No.25-114, Plot No.4, Shree Hari Kunj, Gollaguda, Subhash Nagar, Venkatapuram Revenue Village, Alwal Revenue Mandal, Malkalgiri Revenue Division, Medchal tt/alkajgiri Diskict 17. Smt.SandhyaTiwari @ Sandhya D/o Late Smt Sharda Tiwari & Late Pandit Bala Prasad Ji Tiwari R/o R/o H.No.8-30/L/12 "Sonia Residency", Road No.4, New Hema Nagar Colony, Nacharam Revenue Village, Uppal Revenue Mandal, Malkajgiri Revenue Division, MedchalMalkajgiri District. (Respondent Nos- 14 to 17 are brought on record as LR's of deceased A1 vide Court Order dated 24.04.2023 in l.A.No.3 of 2023 in CMA.No. 337 of 2022 and CMA No. 338 of 2022 ) ...PROPOSED LRS/RESPONDENTS 14 TO 17 lA NO: 2 OF 2023 in .M.A.No.337 of 2022 Petition under Order XXll Rule I R/w Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement caused to bring the Legal Heirs of Late Smt. Sharda Tiwari as Respondents No.14 to 17. lA NO: 3 OF 2023 in C.M.A.No.337 of 2022 Petition under XXll Rule 4(1) R/w Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring the respondents No.14 to 17 as legal heirs of Appellant No.'1 late Smt. Sharda Tiwari, in CMA No.337 of 2022 as well as in the lAs. ,-l 4. The Help Age lndia, Committee Member for Disabled and Senior Citizen, Having office al2-2-3lNA5, Premasai Bhuvanam Apartmenl. Besides Advanced Training lnstitute, Shivam Road, Hyderabad - 500004. 5. Smt. Narender Kakkar, wife of Late Sri, Vishnu Kakkar, Hindu, aged 67 years, Committee Member for Qisabled and Senior Citizen, Hyderabad District, having office at Flat No.404 and 405, Sai Kiran Apartment, Block No.2, Sri Nagar Colony, Hyderabad-500 073, Telangana State 6. The Sub-Registrar, Vallabh Nagar, erstwhile Ranga Reddy District, now IVedchal-Malkajgiri District, having office at 1-8-505/1 0. Prakash Nagar Road, Prakash Nagar, Begumpet, Hyderabad-SO0 0'16, Telangana State. 7. The Sub-Registrar, Bala Nagar, erstwhile Ranga Reddy District, now Medchal-Malkajgiri District, having office at Plot No.5, Opp. l.D.P.L Road, Bala Nagar, Hyderabad - 500 037, Telangana State. 8. The District Registrar, erstwhile Ranga Reddy District, now Medchal Malkajgiri District, having office at Medchal- 501 401. Telangana State 9. The Greater Hyderabad Municipal Corporation, represented by its Deputy Commissioner, Circle-16, Alwal (North Z having office at lvlunicipal Complex. Temple Alwal Road, Alwal, Secunderabad-500010, Telangana State. 1 0. The Greater Hyderabad Municipal Corporation, represented by its Zonal Commissioner, (North Zone), having office at Municipal Complex, West lrilarredpally Main Road, Ashwini Colony, Beside City Civil Court Complex, via. Sardar Patel Road, Secunderabad-500 026, Telangana State. 1 1, The Southern Power Distribution Company of Telangana Limited, (T.S.S-P.D.C.L., (A Govt. of Telangana Ltd.,) represented by its Divisional Engineer, (Operations), North Circle, Bowenpally Divislon, having office at Bowenpally, Secunderabad-S00 01 1, Telangana State. 12. The Hyderabad Metropolitan Water Works and Sewerage Board, represented by its General ltrlanager (Engg.), Operation and lr4aintenance, Division No.'13, ' Circle No. V, (Alwal and Malkajgiri), having office at Neredmet Sanikpuri, Dr. A. S. Rao Nagar Cross Road, Cyberabad-S0O 094, Telangana State '13. The Asst. Pension Payment Officer, Secunderabad, having office at Hari Hara KaraBhawan'SardarPaterRoa3"t"sEl,tTii?'3r93ir1113,?iE?Kt;^r" 14.Smt Sangeeta Tiwari @ Sangeeta Pandey @ Padain D/o Late Smt Sharda Tiwari @ Pandit Bala Prasad Jr Tiwari R/o H.No.8-30/L/12 "Sonia Residency", Road No.4, New Hema Nagar Colony, Nacharam Revenue Village, Uppal Revenue Mandal, h/alkajgiri Revenue Division, Ivledchal-Malkajgiri District 15.Smt Kavita Tiwari @ Kavita Hazari D/o Late Smtsharda Tiwari @ Late Pandit Bala Prasad Ji Tiwari R/o H.No.2-110 "Hazari Bhawan", Burgula Revenue Village, Via Shad Nagar, Farooq Nagar Revenue lr/andal, Shad Nagar, Revenue Division, Ranga Reddy District '16.Smt Sushma Tiwari @ Sushma Gaur D/o Late Smt Sharda Tiwari @ Late Pandit Bala Prasad Ji Tiwari R/o lvlunicipal No.25-114, Plot No.4, Shree Hari Kunj, Gollaguda, Subhash Nagar, Venkatapuram Revenue Village, Alwal Revenue Mandal, Malkajgiri Revenue Division, Nledchal Malkajgiri District 17. Smt.SandhyaTiwari @ Sandhya D/o Late Smt Sharda Tiwari & Late Pandit Bala Prasad Ji Tiwari R/o RJo H.No.8-30/L/12 "Sonia Residency", Road No.4, New Hema Nagar Colony, Nacharam Revenue Village, Uppal Revenue Mandal, Malkajgiri Revenue Division, Medchal-Malkajgiri District. (Respondent Nos. 14 to 17 are brought on record as LR's of deceased A1 vide Court Order dated 24.04.2023 in l.A.No.3 of 2023 in CMA.No. 337 o'f 2022 and CMA No. 338 of 2022 ..pRoposED LRS/RES'.NDENTS i4 To 17 lA NO: 2 OF 2023 in C.M.A.No. 338 of 2022 Petition under Order XXll Rule g R/w Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement caused to bring the Legal Heirs of Late Smt. Sharda Tiwari as Respondents No.14 to 17. lA NO: 3 OF 2023 in C.M.A.No.33A of 2022 Petition under XXll Rule 4(1) R/w Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring the respondents No.14 to 17 as legal heirs of Appellant No.1 late Smt. Sharda Tiwari, in CMA No.337 of 2022 as well as in the lAs. Counsel for the Appellants (in both C.M.As) : SRl. AKKAM ESHWAR Counsel for the Respondent No.1 (in both C.M.As) : SRI K. SARVA BHOUMA RAO The Court made the following: COMMON JUDGMENT THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU CML MISCELLANEOUS APPEAL Nos.337 OF 2022 AND 334 OF 2022 COMMON JUDGMENT : The appellants/ respondents/ defendants 1 and 2 have filed these two Civil Misccllancous Appeals under Order 43 Rule I C.P.C., assailing t.he Orders, dated 1O.O3.2022 in two interlocutory applications vide i.A.No.l2O4 of 2O18 and 1205 oi 20 l8 in O.S.No.333 of 20 18 on the file of XVI Additional District and Sessions Judge, Rangareddy. The respondent/petitioner/'plaintiff liled the above stated interlocutory applications before the learned XVI Additional District .J r-rdge (hereinafter be referred as trial Court) under Ordcr 39 Rule I and 2 r lw Section I 5 1 C. P.C. lor t\\,o scparatc rclicf namely temporary injunction to restrain thc appellants herein (shown AS respondents l and 2 in the interlocutory applications) from changing the physical features of the suit schedule property and also Lo restrain them from l ) C.M.A Nos.337 and 33a of 2O22 alienating/ transferring suit "A" schedule property in favour of 3..r parties pending disposal of the main suit. The trial Court having considcrr:d thc allidaviL fiicd in support of the petition, and countcr affidavit of the respondents i.e., appellants herein, allowed the interlocutory applications and granted temporary injunction against the appellants herein. Being aggrieved by the said order, the appellants filed two separatc miscellaneous appeals, but with the same contentions. l'hc grounds on which the appeals are filed are cornmor-I. 'l'trc contention of the respondent/ plair-rtiff is also common in both the appeals. Therefore, a commor) ordcr rvould suffice to dispose both the appeals. 2. The brief faots of the casc of the parties before the trial Court is quitc necessarl' for disposal of these two appeals. The I ,,, appcllant Snrt. Sharada 'liwari is mother of 2"d appellant as u,t:11 as thc rcspondent. The respondent is the petitionr:r, filcd thc above stated interlocutory t \ applications witl-r a spi:cific plea that he is owner of "A" I .) C.M.A Nos,337 and 334 oJ 2022 schedule property by virtue of gift settlement deed vide document No.282 of 2008 executed by the l.t appellant which was attested by the 2"d appellant. The respondent has claimed before the trial Court that subsequent to the execution of gift settlement deed through which he got the schedule property both thc appcllanls hcrcin dcveioped animosity against him. They started harassing the wife of the respondent lor additional dowrv. Therefore, the wife of respondent lodged a report before policc, Ramgopalpet on 22.O4.2O13. Therefore, the appellants herein started making false affidavits crcating lalsc documents, fabricating false evidcncc to makc q,rongful gains to themselves and to cause wrongful loss to thc respondent. The respondent has further claimed in the affidavit filed before the trial Court that thc appcllants hcrein by manipulating the statutory provisions, foistcd a false case against him and obtained an order from the Maintenance Tribunal-cum Revenuc Divisional Officer, Secunderabad Revenue Division of Hyderabad l)istrict vidc proceedings I I t -1 C.M.A Nos.337 dnd 33a of 2022 No.Bl1795 120 14, dated 12.O1.2015. The l"r appellant is wife of a retirod Government empioyee, thereby drawing a sum of Rs.15,256/ pcr month to',r'ards family pension through the bank acco u r1t. 'l'hc 2"a appellant got himself enrolled as al Advocate b.r' misrepresentation of facts, only to avail n,clfarc [uncl and int:idental benefits, rvithout any intention to pursuc thc profession. 3. The respondent further claimed before the trial Court that having obtaincd an order lrom thc Rcvenue Divisional Officer by making falsc rcp rr: scn tation, started attempts to deprivc thc legilimatc rights crf the rcspondent over the schedule propcrt\'. I ft l-ras claimcd that he has got pnma facie case, balance of convcnicncc was in his favour. If the appellarri s hercin r.l,ere allowed, there is a chance of their alienating property to 3rd parties and a chance of thereby sought for tcmporarl', injunction to restrain the appellants hcrcin lronr r:lranging the naturc of the property and also from alicnatins thc propert!'to 3"jparties. appellants changing thc ph.ysical features of the property, l) ') C.M,A Nos.337 and. 33a of 2022 4. The appellants herein opposed both the petitions. The 2"d appellant herein, filed his countc-r affidavit, disputing the materia-1 averments of the casc of respondent. As per the counter affidavit liled before the trial Court, the appellants have claimed that the respondcnt herein made false statement with regard to th e ownership on the schedule property. He has claimed right on the propert5r by virtue of a gift settlement dccd document No.2B2 oi 2008 which was duly calcellcd by thc proccedings No .B / 197 5 I 20 1 4 passed by "Maintenance Tribunal constituted under Maintcnancc and Wellare ol Parents and Senior Citizens Act, 2OO7" on thc application liled by the 1"t appellant herein. Therefore, the gift settlement deed executed by appellant No.1 in favour of the respondent/ piaintiff was already ca.nccllcd. As such he has no right over the property. They have also claimed that the respondent deliberatcly supprcssed the material facts. The 1"t appellant herein after thc canccllation ol gilt scttlement deed in favour o[ respondent, executed another gift fi C.M,A Nos.337 aad 33a of 2022 settlement decd vidc documcnt No.606 of 2O l5 in favor of the 2"d appellant and after obtaining statutory permissions, 2"a appcllant has constructed a building in the property and both thc appr:ilants are st=ying in the said building SlNCC May, 2017. The name of the 2"d appellant has becn mutatcd in the municipal records Thercfore, thc qucstion of appcliar-rts char-rgir-rg the physical features of the property or creating 3.a party interest does not arise and also claimed tl'rat the rcspondent approached the trial Court lr,ith unclean hands. Thereby, he is not entitled to equitablc relicf of inj unction and prayed for dismissal ol both t,hc applications. 5. Thc trial Cor-rrt havirrg hcard both parties, disposed 6. Being aggrieved b,v the grant of injunction against the appellalrts, the appcllants have filed these two Civil Miscellaneous Appeals on the ground that the trial Court grossly errcd in apprc<:iating the facts and circumstances ( t the petitions under trvo separate orders, dated 10.03.2022. I t 7 C.M.A Nos.337 q.nd. 334 oJ 2022 of the case not in a proper a.nd prospcctive manner. The impugned orders arc unsuslainablc cithcr in law or on facts. As such, they are liable to be sel aside. The trial Court ought to have seen that the gilt deed executed in favour of the respondcnt \\'a s alrcady set aside in the proceedings of Maintenance 'lribunal. The trial Court ought to have seen that the respondent herein challenged the said proceedings be lorc the l{ igh Court in a separate petition vide C.R.P.No.2475 ol 2Ol5 u,hich is pending Therefore, the interlocutorv applications filed by the respondent are not maintainable. Thc appellants have claimed that since the Civil Revision Petition liled by the respondent against the proceedings of Maintenance Tribunal is pending bcfore the IJigh Court, the suit fited by the respondent/ pla in tifi is not mainLainablc. 'l'hcrc is a bar of jurisdiction of civil Courts as pcr the provisions of Section 27 of Main|enance and Welfare of Parents and Senior Citizens AcL, 2OO7. They have also claimed that the trial Court without giving an1, re asons, much less the valid / 8 C.M.A