K.Chandra Sekhara Rao vs The District Collector And 21 Others on 20 November, 2018
In the case of Mohd. Safdar Shareef (died) per LRs Vs.
Mohammed Ali (died) per LRs (1993 (1) ALT 522) this Court held
that common decree for possession and profits is sought for against all
the defendants. The decree in question is joint and indivisible. Even
according to the written statement, the defendants contend that they are
jointly in possession and enjoyment of 1932 square yards of site.
Therefore, it is clear that any decree that may be passed against some
of the defendants would be inconsistent with a decree of dismissal of
the suit in respect of other defendants. Ultimately, this High Court held
that CCCA filed by the plaintiff has abated since legal representatives
of the 2nd respondent were not brought on record.