✦ High Court of India · 06 Mar 2025

The High Court · 2025

Case Details High Court of India · 06 Mar 2025
Court
High Court of India
Decided
06 Mar 2025
Length
1,146 words

...APPELLANT/PETITIONER/PLAINTIFF AND

1. Nawab Masood Ali Khan, (died on 1710612021) 2. Nawab Bahboob Ali Khan, (died on 26.03.2021) 3. Nawab Mukhtar Ali Khan, S/o Late Nawab Mahmood Jung, aged 55 years' Occ. Business

4. Nawab Moizuddin Ali Khan, S/o Late Nawab Mahmood Jung, aged 62 years' Occ. Business

5. Nawab Minhajuddin Khan, S/o Late Nawab Mahmood Jung, aged 45 years, Occ. Business

6. Shahzadi Mushadi Begum(died), (died) 7. Sahebzadi Mahmooda Begum, (died on 16.09.20211 3 to 5 are R/o H No'3-5- 121tEt116, Mumtaz Manzii Eden Garden, and not necessary parties to this appeal) g firils Vasavi Nirmaan Private Limited, Office at Plot No.59, Street No 3, Road No.2 Sagar Society, Banjara Hills, Hyderabad. Rep. by its Director Yerram Vijay Kuirar S/o Yerram Shankaraiah, aged 52 years, Occ. Business, R/o Viila No.32, Luxura Greens Bowenpally, Secunderabad g. M/s. sri sri Developers, A Regd. Partnership Firm (Regn. No.67l2020) Having its Principal place of busineis al -1-12-593138, Street No.4 Gagan Mahal, Hyderabad - boo ozs Rep' by its Managing"Partners i [\rtr' S Sunil Kumar S/o S.Dayanand Rao ii.Mr. Santosh Kumar Saraiya S/o Kakubhai Saraiya ...RESPONDENTS lA NO: 5 OF 2021 Petition under Order 39 Rule 1 & 2 read with Section 151 CPC., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be p eased to grant an ad-interim injunction restraining the Respondent No.8 and t herein or their person/s, agents, from proceeding with the construction or changing the nature of the petition schedule property during the pendency of the present appdal. SCHEDULE OF PROPERTY All the suit schedule property admeasuring about 4500 sq.yds. bearing H.No.6-3-1218161211, situaled at kundanbagh, Begumpet, Hyderabad and bounded as follows: North : St. Francis Collegle South : Road East : Neighbour'sHouse West : Neighbour's House lA NO: 6 OF 2021 ( Petition under Order 41, Rule 27 , Rlw 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 receive Lr. No.5'198/2021lrecords dated 0'1 .09.202'1 issued by the District Registrar, Hyderabad, copy of FIR No.231l2021 daled 06.09.2021 on the file o1' P.S. Nampally, copy of E.C No.811751, customer ledger da|ed24.02.2O20, water bill issued by HMWSSB vide CAN No.O62125327, bunch of electricity bills issued by Southern Power Distribution Company of Telangana Ltd. and property tax ('l 1 Nos.) and property tax receipts issued by GHMC (4 Nos.) as additional evidernce in the present appeal, in the interest of justice. 1A NO: 2 OF 2022 Between:

1. M/s. Vasavi Nirmaan Private Limited, Office at Plot No.59, Street No.3, Road No-2 Sagar Sociely, Banjara Hills, Hyderabad. Rep. by its Director Santosh Kumar S/o Kakubhai Saraiya, aged 55 years, Occ: Business, R/o Flat No-S, Samridhi Towers, Ivlotilal Nehru Nagar, Begumpet, Hyderabad - 500016

2. Mls. Sri Sri Developers, A Regd. Partnership Firm (Regn. No.6712020) Having its Principal place of business at #1-12-693138, Street No.4 Gagan Mahal, Hyderabad - 5000i19 Rep. by its Managing Partners .re- t. Mr. S. Sunil Kumar S/o S.Dayanand Rao Mr. Santosh Kumar Saraiya S/o Kakubhai Saraiya AND ...PETITIONERS/RESPONDENTS No.8 & 9. 1 Sahebzadi Mubarak Begum, D/o Late Nawab Mahmood Jung Bahadur, Wo Nawab Naseeruddin Khan, aged 60 years, Occ. Household, Rep by her GpA Holder Md. Zainuddin khan S/o Nawab Naseeruddin Khan and Sahebzadi Mubarak Begum aged 34 years, Occ. Advocate, R/o 1-g-310, Begumpet, Hyderabad

2. Nawab Masood Ali Khan, (died on 17.06.2021) 3. Nawab Bahboob Ali Khan, (died on 26.03.2021) 4. Nawab Mukhtar Ali Khan, S/o Late Nawab Mahmood Jung, aged 55 years, RESPONDENT/APPELLANT

5. Nawab Moizuddin Ali Khan, S/o Late Nawab Mahmood Jung, aged 62 years,

6. Nawab Minhajuddin Khan, S/o Late Nawab Mahmood Jung, aged 45 years, .' Occ: Business Occ: Business Occ: Business

7. Shahzadi Mushadi Begum(died), (died) 8. Sahebzadi Mahmooda Begum, (died on 16.09.2021) (RR 3 to 5 are R/o H.No.3-5-t21lEl1t6,Mumtaz Manzil EdEn Garden, and not necessary parties to this appeal) ...RESPONDENTS/RESPONDENTS 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 vacate the stay orders passed in lA.No.5/2021, in CMA.No.S37t2O21, dt.06-01- 2022. lA NO: 3 OF 2022 Petition under Order 1 Rule 10(2) Read with Section 1b1 C.p.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an order impleading the petitioners 1 to g herein/Proposed Respondents Nos. 10 to Respondent No.18 herein as the Respondents No.10 to 18 in the subject C.M.A., and all the pending applications. Counsel for the Appellant: SRl. C KUMAR Counsel for the Respondents 8 & 9: Sri SUNIL S GANU The Court delivered the following: JUDGMENT , , t t THE HON,BLE SRI JUSTICE T. VINOD KTJMAR AND THE HON'BLE SMT JUSTICE P.SREE SUDHA CMA.No.537 of 2O2L JuDGMENT (per Hon'ble Sri Justice T.Vinod Kumar) Learned oounsel for the appellant addressed a letter . dt.O3.O3.2025 to the Registrar(Judicial) High Court for the State of Telangana at Hyderabad, seeking to u'ithdraw this CMA stating that during the pendency of the appeal, the parties have settled the matter out of Court by u'ay of compromise, and thus, the present Appea-l has becoir\e infructuous. lvVhen the matter is taken up in the open Court, learned counsel for the appellant reiterated the said request.

2. Sri Sunil S Ganu, learned Senior Counsel appearing for respondent Nos.8 & 9 does not dispute the aforesaid submission made.

3. Therefore, granting permission as sought for, this Civil Miscellareous Appeal is dismissed as withdrawn. Interim order. Lf ary, granted earlier in this Appeal st-ands vacated. No or,ler as to costs 2 1

4. Consequently, miscellaneous petitions pending, any, shall stand closed. //TRUE COPYII \ To

1. The XXV Additional ;, pff ff g";Itinfi5ldhri';;""*fi:ff ' PR/gh-.ei sd/- K. S LESHI DEPUTY REG TRAR SECTION OFFICER Hvderabad ( HIGH COURT DATED:06103111025 JUDGMENT CMA.No.537 otr 2021 / , $E S'rAr€' 0 7 l{An fllz5 o k c .t ',r./ \'. l;i-., * 0 f DISMISSING TFIE CMA AS WITHDRAWN WITHOUT COSTS {-

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