The High Court · 2025

12. Smt. Suruchi Chand, Wo Late Ramesh Chand, Occ: landlady, R/o 71A, Meher Apartrnents Altamount Road, Mumbai

13.Saloni Chand @ Saloni Javeri, D/o Late Ramesh Chand, Occ: Household, R/o 71A, Meher Apartments Altamount Road, Mumbai

14. Miss Shivani Chand, D/o Late Ramesh Chand, Occ. Household, R/o 71A, Meher Apartments Altamount Road, Mumbai

15. Trilok Chandra, S/o. Mahesh Chand, Occ: Business, R/o 7-1-9512, Behind Seeshmahal Talkres. Ameerpet. Hyderabad '16.Moti Chandra. S/o Mahesh Chand, Occ: Landlord, R/o 7-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

17.Smt. Anuradha Chandra, D/o. Mahesh Chand, Occ: Landlady, RloT-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

18. Rajana Chandra, D/o. Mahesh Chand, Occ: Employee in USA, Rlo 7-1-95D, Behind Seeshmahal Talkies, Ameerpet, Hyderabad '19. Rajkumari Chandra, Dio. Mahesh Chand, Occ: Landlady, Rlo 7-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

20. Deep Chandra, S/o Mahesh Chand, Occ: Landlord, R/o 7-.1-95/2, Behind Seeshmahal l-alkies, Ameerpet, Hyderabad

21. Ramesh Chandra, S/o. Mahesh Chand, Occ: Landlord ,R/o 7-1-9512, Behind Seeshmahal l-alkies, Ameerpet, Hyderabad

22.Anupama Chandra, D/o. Mahesh Chand, Occ: Landlady (Mentally retarded person Rep. by her Natural Mother Smt. Jamuna Wo Mahesh Chand aged 57 yrs, Occ Housewife Rlo 7-1-9512, Behind Seeshmahal

23. Commercial and lndustrial Frnance Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at 3-6-161, Hyderguda, Hyderabad Rep. by its Managing Director

24. Kohinoor Glass Factory Pvt. Ltd., a company incorporated under the Companies AcJ 1 956 having its Regd. Office at Sanathnagar, Hyderabad-18 Rep. by its Managing Director

25. New Delhi Glass lndustries Pvt. Ltd.. a company incorporated under the CompaniesAct 1956 having its Regd. Office at 3-6-161, Hyderguda, Hyderabad Rep. by its Managing Director

26. Sheeshmahal Enterprises Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at7 -1-9512, Ameerpet, Hyderabad Rep. by its Managing Director

27. Mahalakshmi Glass Works P!,.t. Ltd., a company incorporated under the 9g1panies Acl.1956 having its Regd. Office at Dr. E. Moses Road, Bombay- 1'1 Rep. by its Managing Director

28.Glass & Ceramics Decorators Pvt. Ltd., a company incorporated under the ggTpanies.Act_1956 having its Regd. Office ai Dr. E. Moses Road, Bombay- 11 Rep. by its Managing Director

29. Weston lndia Pvt. Ltd., a company incorporated under the Companies Act '1956 having its Regd. Office at Dr. E. Moses Road, Bombay-1 1 Rep. by its Managing Director

30. Kaycee lnvestment Pvt. Ltd., a company incorporated under the CoqPanies Aci 1956 having its Regd. Office at Dr. E. Moses Road, Bombay-1 1 Rep. by its Managing Director

31. Emcee lnvestments Pvt. Ltd., a company Act 1956 having its Regd. Office at Dr. E. its Managing Director incorporated under the Companies Moses Road, Bombay-1 1 Rep. by

32. Smriti Trading & lnvestment Co. Pvt. Ltd., a comparry incorporated under the Companies Act 1956 having its Regd. Office al4, Ararat,89, Medows Street Bompany-23, Rep. by its Managing Director

33. Fontainbleu lnvestment & Trading Co. Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at 9E.Dr.E. Moses Road, Bombay-11 Rep. by its Managing Director

34. More lnvestment & Trading Co. Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at 9E.Dr.E. Moses Road, Bombay-1'l Rep. by its Managing Director

35. Rajarajeshwari lnvestment & Trading Co. Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at 9E.Dr.E. lvloses Road, Bornbay-11 Rep. by its Managing Director

36. Smt.Shanta Bai, Wo Mahesh Chand, Occ: Household, R/o 7-'l-9512, Behlnd Seeshmahal Talkies, Ameerpet, Hyderabad (Respondent No. 6 to 36 not necessary parties in this CCCA) ...Respondents/Judgment Debtors Counsel for the Appellant : SRI NARASIMHA RAO representing SRI FAZAL YOUSUFFUDIN Counsel for the Respondent Nos.1 to 4 : Sri VL N G K MURTHY Counsel for the Respondent No.S : Sri A KRANTI KUMAR REDDY The Court delivered the following: JUDGMENT t I HON'BLE SRI JUSTICE ABHINAND KUMAR STIAVILI AND HON'I}LE SMT JUSTICE TIRUMAI-A. DEVI EA-DA CCCA.No.135 of 2010 T]DGME (llr llotr'ble .\'i .lNiv Abhirund Ktnar Sbari/i) Aggrieved by the order dated 13.07.2010 passed E.ANo.1O of 2009 in E.P.No.1 of 2009 by the IX Additional (hief Judge, Gry Gvil Court, Hyderabad, the present appealhas been filed. 2 Heard Sri Narasimha Rao, leamed counsel represenring Fazal Yousufuddin, leamed counsel appearing for the appellant

3. It is the cese of the appellant that respondent Nos.1 ro 5 have filed O.S.No.32 of 2OO3 (re-numbered as O.S.No.24 of 2005) before the trial Crurt for partition of the plaint A to F schedule proper-ties and along with the suit, they have filed I.ANo.906 of 2003 for temporary injunction and the said applicatipn w;$ ordered on 17.04.2003. They have also filed ) I.ANo.907 o1'2003 seeking appointment of C-ommissioner I I I I I -) and the same was also ordered. Aggrieved by the same, the respondents have approached this Court by filing CRP No.21i7 of 2003. Subsequently, the 5'h respondent filed a compromise petition rn the said CRP agreeing to pay an amount of Rs.2,60,000/- on 2nd of every month to respondents 1, to 4 pending the suit, and the sarne was I ordered. But, when the 5'h respondent failed to pay the amount in terms of compromise, respondents 1 to 4 have filed EP No.1 of 2OO9 for attachment of plaint F schedule properry in O.S.No.32 of 2003 (re-numbered as O.S.No.24 of 2005) and the said property was anached and it was brought to sale. \W4rile the matter stood thus, the appellant has filed E.ANo.1O of 2OO9 in E.P.No.1 of 2009 under Order 21. Rule 58 read with Section 151 CPC seeking to allow the claim petition by raising the auachment and declare the property attached as a joint family property. The trial I Cann uide order 13.07.2010 dismissed the said EA F{ence, the present appeal.

4. Leamed counsel appearing for the appellant had conrended that O.S.No.32 of 2003 (re-numbered as O.S.No.24 of 2005) itself was decreed on 31.03.2022 ard I aggrieved by the same, some of the defendants have filed CCCANo.63 of 2022 before this Court, which is pending. Leamed counsel had funher contended that the appellant would punue his remedies in the said CCCA However, the ( ( observations made bythe Executing Court in E.ANo.10 of 2OO9 n EP No.1 of.2OO9 might come in the wayof the appellant. Therefore, appropriate orden be passed in the present appeal.

5. Flaving corsidered the said submissions, this Court is of the view that the present appeal can be disposed of by permining the appellant to Pursue his remedies in pending appeal i.e. CKX.A No.63 of 2O22.The observations made by I \ , I t .1 the Executing Gurr in E.ANo.1O of ZOOS in E.p. No.1 of 2009 shall nor come in the way of disposal of the said CCCA. 6 Accordingly, the Appeal h disposed of. No costs. Miscellaneous petitions, rf any, pending shall stand closed. SD/- MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY' ,\ \, SECTION OFFICER t To,

1. The lX Additional Chief Judge (FTC) City Civil Court, Hyderabad 2. One CC to SRI FAZAL YOUSUFFUDIN, Advocate [OPUC] 3. One CC to SRI VL N G K MURTHY, Advocate [OPUC] 4. One CC to SRI A KRANTI KUMAR REDDY, Advocate tOpUCl 5. Two CD Copies At)K,PSL w ,/\ HIGH COURT DATED:0410212A25 JUDGMENT CCCA.No.135 of 2010 i l'tl .j ;r/G

7. { ,:)\' 1 7 JUN 2U5 ?* Or .S!,^ r C ,-l eO f ( I ,,/ .dt DISPOSING OF THE CCCA WITHOUT COSTS )r I I t I