✦ High Court of India · 11 Jun 2025

The High Court · 2025

Case Details High Court of India · 11 Jun 2025
Court
High Court of India
Decided
11 Jun 2025
Length
2,017 words

Plaintiffs Nos 2 to 9 were brought on record as LRs of Plaintiff No. 1 as per tA No. 4132 of 2008 dated 11-3-2008 in A.S.No. 73 of 2004 by the iirst appeal court. The Plaintiff No.2 died during the pendecy of the appeal and as such Plarntrffs Nos. 2 to 13 are the legal heirs of the Plaintiff No 2 Appellants Nos.3 to 13 are represented by their G.P.A.) ...APPELLANT/PLAINTIFFS AND

1. [Vlohammed Anees, S/o. Mohammed Nadeem (Died as; per L.R.S. SL No.61 to 64)

2. lVlohammed Nadeem, S/o. Mohammed Nayeem age 30 years, Rto.23-2- 233/2, Moghalpura, Hyderabad. 3 Ghousia Begum. W/o Sajjrd Ali , age 46 years, Rlo.23-2-233t2, lrrloghalpura, Hyderabad 4 B Yella Reddy S/o Anantha Reddy age 50 years, R/o Upparioguda Village. Mandal Ibrahrrnpatnam District Ranga Reddy

5. M Jangaiah, S/o. Not Known age 50 years, Occ. Agricu tLrre 6. M. Anjaiah, S/o Not Known age 40 years, Occ. Agriculture 7. Narsimha, S/o. Not Known age 40 years, Occ. Agriculture 8. Narsimhulu, S/o. Not Known age 50 years, Occ. Agricultrre 9. Appanagari Narsaiah, S/o. Not known aged 60 years.

10. Appannagari Peddaiah, S/o. Not known age 55 years, Occ. Agriculture 11 Kare Yadagir, S/o Aghalah, aged 45 years, Occ. Agriculture 12 P andal Anlaiah. Sio Not known aged 60 years, Occ. Agr culture- '13. Narasimulu. S/o. Not known aged 51 years, Occ. Agricu ture All are residents of Sheriguda Village, lbrahimpatnam [i,landal. Ranga Reddy District

14.Venkat Reddy S/o Not Known aged 58 years, Occ. Agr culture

15. Montham lVlohan Reddy, S/o. Ivlallareddy, aged 40 years, Occ. Agriculture 16. Narri Ranga Reddy, S/o Swamy, aged 42 years, Occ. Ar;riculture 17 Akula yadaiah. S/o. Not known aged 45 years, Occ. Agrir:ulture

18. Kamati Peddaiah, S/o Not Known aged 55 years, Occ. Agriculture

19. Varda Sambaiah, S/o. I\rluthaiah aged 80 years, Occ. Agriculture

20.Ialla lrlallaiah, S/o. Not Known aged 65 years, Occ. Agriculture 21 . Kamati Ballarah, S/o. Not Known aged 76 years, Occ. Agriculture

22. Kathankatla Venkat Reddy, S/o. Not Known. aged 65 years. Occ Agriculture

23. Narasimha Reddy, S/o. Not Known aged 50 years, Occ. Agriculture

24.Perka Narasimha, S/o. Not Known aged 50 years, Occ. Agriculture

25. Yenka Mallaiah Alias Malta Reddy, S/o. Not Known, aged 60 years, Occ Ag ricu lture All are residents of Mangalpally Village, Mandal lbrahimpatnam. Ranga Reddy District

26. L. tt/allaiah, S/o. Not Known aged 60 years, Occ. Agriculture

27. D. Shankariah, S/o. Not Known aged 50 years, Occ. Agriculture

28. Venkaiah, S/o. Yellaiah aged 63 years, Occ. Agriculture All are residents of Sheriguda Village, Mandal lbrahimpatnam Ranga Reddy District

29. Potti Pentaiah, S/o. Potti Chittari aged 65 years, Occ. Agriculture R/o. A/angalpally, Patelguda Village Mandal lbrhimpatnam, Ranga Reddy District

30. P. Ram Reddy, S/o. Not Known, aged 55 years, Occ. Agriculture 31. P Ranga Reddy, S/o. Not Known aged 50 years, Occ. Agriculture

32. Pothraj Balaiah, S/o Gandiah Rio. Sheriguda Village, Mandal lbrahimpatnam, R.R. Dist

33. Shanker Reddy, S/o. Not known aged 50 years Occ. Agriculture

34. Sadasiva Reddy, S/o. Not known, aged 40 years. All are R/o Uppariguda Village, Mandal lbrhaimpatnam, Dist. Ranga Reddy

35. Vatala Jangaiah, S/o. Not known aged 50 years, Occ. Agriculture

36. Vathala Salaiah, S/o. Not known 37 . Potaraj Gandarah, S/o. Not known aged 80 years, Occ. Agriculture

38. Potharaj Narsimha, S/o. Not known aged 75 years, Occ. Agriculture All are resident of Sahebguda Village, lbrahimpatnam lvlandal. R.R Dist.

39. Gangapur Yakulu, S/o. Yenkaiah aged 70 years, Occ. Agriculture

40. Gangapur Anlaiah, S/o. Yenkaiah aged 65 years, Occ. Agriculture Both are residents of Bandapally Village, Hayathnagar IVandal, R.R. District 41 . Kesari Jangaiah, S/o. Not known aged 71 years. Occ. Agriculture R/o Bandapally Village, Hayathanagar tvlandla, R.R. bist

42.Yatali Gandarah, S/o. Not known aged 68 years. Occ. Agriculture R/o -Dsitric Bondapally Village, Hayathanagar mandal, R.R. 43 Akkal3 Janga Reddy, S/o Akkala Laxmaiah aged 45 years, Occ. Agriculture, R/o Sheriguda Village, lbrhimpatnam Mandal, Ranga Reddy Districtl 44 Mangali Ral?rqT., S/o. Jangiah aged 60 years, Occ. Agriculture R/o Bhavandlapally Village

45. Mandalr Devaiah, S/o. Jangaiah aged 66 years, Occ Agriculture R/o. Bhavandalapally village, Hayathnagar,-mandal, R.R. Dist

46. S. Venkat Re-ddy S/o Not Known aged 49 years, Occ. Agriculture R/o. Uppariguda Village, lbrahimpatnam Man-dal, R. R. Distri,rt 47. Moddu Anjaiah, S/o Achaiah aged 45 years, Occ. Agrir;ulture.

48. Moddu Achaiah, S/o. Not known aged 74 years, Occ. Agriculture Both are residents of sheriguda Village, Ibrhaimpatnam tv'landal, R. R. District. 49 Pallela Janga Reddy, s/o. Not Known aged 60 years occ. Agriculture R/o. Bandlapally Village, Hayathnagar lvlandal, R.R. Diatrict

50. Anantha !g!-Oy S{o N.ot known aged 75 years, Occ. Agricutture R/o Upperiguda Viltage, Ibrahimpatnam Mandal, R.H. Distrid

51. M.M. Saleem, S/o. Late M.tVl. Nayeem aged 6g yearr;. Occ. Govt Service, Rlo 23-2-23411, N/oghalpura, Hyddrabad 52 M M Azeem, S/o. Late. M.M. Nayeem, aged 63 years. Occ. Business, R/o. 23-?-234 Moghalpura, Hyderabad'

53. M.M. Aleem, S/o. Late. IVl.M. Nayeem aged 60 years, O:c. Govt. Service, R/o. 23-2 -234. Moghatpura, Hyderabad.

54. M M. Haleem S/o. Late M.M. Nayeem aged 57 years. Occ. Business, R/o 23-2 -234. Moghalpura. Hyderabad.'

55.Hajera Beugm, D/o Latg tv!! N?V^"9T W./o. Late Mohammed Hakeem Aged 45 years, Occ Househotd. Rlo 23-2-234, t\Ioghalpura Hyderabad

56.Zakua Sultana. D/o lr/_ M Nayeem W/o. Mohd. Shameemuddin Aged 40 years, Occ. Household, R/o. Yekuthpura, Hyderabad. 57 Farruq-Jahan. W/o. Late M. M. Kaleem Aged 55 years Oc. Household, R/o. 23-2.234 Moghalpura. Hyderabad

58. Syeda Butul, D/o Late. M.IVI Kaleem/ aged B years, tr/inor 59. Sayeeda Mohsin, D/o. Late. M.tvl. Kaleem aged 9 years. through their mother Def No.57 herein Anees Sultana Farruq Jahan'W/o. Late. "M.fV. fafeem aged 55 years, Occ Household, Rlo 23-2-234,IVloghatp ura, Hyderabad. Sl. No.51 to 59 added as Defendants as per the LA. No. 1652 of 1997 dt.27- 06-2003

60. Sayeeda Begum, Wo. Syed lt/ahmood Hussarnr D/o. Late A/leer Ahmed Ubedullah Aged 55 eyars, Occ. Household, R/o. H.No 20--5-167, Khazipura, Hyderabad. Added as Defendant No.60 as per the orders passed in LA No 2706, dated. 27-06-2003. 6'1 . Raheemunnisa, Wo. Late. Meer Mohd. Anees, aged 75 years, occ. H ousehold, Rl o. 23-2-233 12, lVlog halp ura, Hyderabad.

62. Subiha Sultana, Wo Syed Anwar Hussaini D/o. Late Meer Mohd Anees. Aged 40 years, Occ. Household, Rlo 23-2-23312, Moghalpura, Hyderabad

63. Shaheda Begum, Wo. tVohd. Shabvir Ali, D/o Late Meer Mohd. Anees. Aged 58 years, Occ. Household, Rlo.23-2-23312, Moghalpura, Hyderabad

64.Meer Mohd Rayes, S/o. Late Meer Mohammed Anees, aged 45 years, Occ. Business, Rio. 23-2-233 12 Mog halpu ra, Hyderabad Defendant No.61 to 64 added as per the orders ln lA No 2035 of 2003 dt 30-01 -2003

65. Sirajunnisa Begum died per L Rs., Hyderabad

66. Basheerunnisa Begum, Wo. Syed Yahiyaullah Hussain, Aged 55 years. Occ Household, R/o. Phool Bagh, C hand rayang utta, Hyderabad

67. lftequarunnisa Begum, Wo. Basith Ali, Aged 50 years, Occ. Household, R/o Panjeshah, H.No. Hyderabad. Defendants Nos.66 and 67 added as per orders in 1A.No.1161 Of 1999 dt 10-B-1999

68. Shafeeunnisa Begum, D/o. f\rlohammed Nadeem, Aged 60 years, Occ Household, R/o. H No 23-2-108, It/oghalpura, Hyderabad. 69 Muzaffar Ali Sajjad, son of Late Saber Ali, aged about 70 years, Occ H akeem,

70. Kahkashan Ara, w/o [\/ohammed lsmail Khan, aged About 41 years. Household

71. [t/uzamil Ahmed Sajid, s/o Muzaffar Ali Sajjad, aged About 39 years, Occ. Hakeem,

72.Mrs. Kausar Ara, w/o lMohammed Muneeruddin Siddiqui, Aged about 37 years, Occ. Housewife, 73 Mudasir Ahmed lvlalid, s/o Muzaffar Ali Sajjad Aged about 33 years. Occ. Business

74.Kubra Fatima, w/o Mohammed lVludassrr Hussain Siddiqui, aged about 31 years, Occ. Housewife

75. Umera Fatima, w/o Syed Aijaz, aged about 31 years, Occ. Housewife

76. Bushra Fatima, w/o Mohammed Faqir Jaffar Siddiqui, Aged about 29 years, Housewife 77 .lrAuzakkt Ahmed Javid, slo Muzaflar Ali Sajlad, aged 27 years, Business TB.Asra Fatima w/o Faisal Junaidr, aged about 24 years Housewife, Respondents Nos. 69 to 78 are the legal heirs of llespondent No. 3 and residents of 17 -3-3251916/3, Ir/urtuza Nagar, Yakutpura Hyderabad. ...RESPON DENTS/DEFENOANTS lA NO: 2 OF 2025 Petition under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petrtion, the High Court may be pleased to suspend the operation of the Judgment and Decree daled Zj-10-2024 passed in A.S. No. 73 of 2009 passed by the learned lV Additionat District Judge, Ranga Reddy , pending disposal of the Second Appeal. lA NO: 1 OF 2025 Petition under- Rule 32 of Civil Rules of practice praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to permit the Petitioner No 3 as G p A. of the petitioners Nos. 4 to 13 to represent them in the Second Appeal. Counsel for the Appellants: Sri Ahmed Khan (No Representation) Counsel for the Respondents: The Court delivered the following: JUDGMENT HON'BLE SRI JUSTICE LAXIIII NARAYANA ALISHETTY sEc OND APPEAL No.159 of 2025 JUDGMENT: No reprcscnLatiotl oti L'chalf oI rhc appcllants' dcspitc met[tcr bcing posrcd todav conditi<lnalh 'l'llcrcforc' this CourL Ilas 6e lrptirrn except to dismiss thc.Ippeal Ior delrLulr'

2. Act:ordinglr . tllis appczrl is disrnissed for non-prosecutton No COS'tS ['cndinq miscc lilr trt't.rt-ts alplllit:rtiorls, it erny' shall siand closcci' SD/. MOHD.ISMAIL OEPUTY REGISTRAR IITRUE COPYI' S CTION OFFICER L.B.Nagar The X Additional District and Sessions Judge' Ranga Reddy District at The ll Additional Senior Civil Judge' Ranga Reddy District' at L B Nagar One CC to Sri Ahmed Khan' Advocate [OPUC] 3 4. Two CD CoPies To, 2 VIVPST- ?r.C,, HIGH COURT ) DATED: 1110612025 JUDGMENT SA.No.159 of 2025 :- c, ..-t-- ,/. _. "\ :: D ..,/ 30 8tT 2P5 -,' // ., - '-'). _-.,;' 2' DISMISSING THE APPEAL FOR NON.PROSECTION @l^0., zl\ro\,-f

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