✦ High Court of India · 01 Aug 2025

The High Court · 2025

Case Details High Court of India · 01 Aug 2025
Court
High Court of India
Decided
01 Aug 2025
Length
2,257 words

Acts & Sections

27- Nanji, S/o not known to the Plaintiff (since deceased per .R.s38to41)

28. Anand Timber Depot, represented by its proprietor 29 Ch. Rajashekhar Rao, S/o not known to the Plantiff , agerl Occ.business 53 years,

30. Subba Rao, S/o not known to the Plaintiff, prop. Prabhal< ir Timber Depot.

31. M.Sugunakar, S/o not known to the Plaintiff, Prop. prabtrr kar Timber Depot

32. Ayesha Begum died per lrs

33.Anees Rabia, Dio late Mahbood Hyder Khan, aged abotrl household

34. Nafees Begum, D/o late Mahbood Hyder Khan, aged abc Household 35 Qamar Hyder Khan, S/o Late Mahbood Hyder Khan, ag,: business 65 years, Occ. :t 63 years, Occ. I 60 years, Occ.

36. Shahjahan Begum, D/o Late Mahboob Hyder Khan, agec 58 years, Occ. House hold

37. Farahat Begum, D/o Late Mahboob Hyder Khan, aged az years, Occ.household.

38. Mahboob Begum. D/o Late Mahboob Hyder Khan, aged ,0 years, Occ.household

39. Ashfaq Hyder, S/o Late Mahboob Hyder Khan, aged 48 y la rs

40. Mushtaq Hyder Khan, S/o late fVlahboob Hyder Khan, all, ,d 45 years.

41. Dinesh patel, S/o late Nanjji Patel, aged about 54 years

42.Hanra1Patel, S/o Late Nanji Patel, aged about 50 years

43.Laccho Patel, S/o late Nanji Patel, aged about 58 years.

44. Swaroopa Devi, Wo Late Nanji Patel, aged about 60 years.

45. C.Murali Krishna, S/o Late Ch.Rajsekar Rao, aged 40 years, R/o Brodipet lll Lane, Guntur.

46.C.Seshubabu, S/o late Ch.Rajsekhar Rao, aged about 40 years, R/o Brodipet lll Lane, Guntur,

47. Smt.Laxmi, Wo Y.Balakrishna Murthy, D/o Late Ch.Rajshekar Rao. aged 50 years, R/o Flat No. 5, Bank of lndia Apartments, Srinagar Colony, Hyderabad. 4S Y Kamala, Wo Seshachalam, D/o Ch.Rajshekar Rao, R/o Arun Apts , 6th floor, Red Hills, Opp.Cancer Hospital, Hyderabad, A.P.

49. Jayabalakrsihna, Wo C.Balakrishna, aged 46 years. 49(a).C.Wali Kannan Babu, Wo Kannan Babu, aged 30 years, D/o C.Balakrishna

50. Kumara Babu, Sio C.Balakrishna aged 30 years, Occ.business, R/o Flat No. 5, Bank of lndia Apts. Srinagar Colony, Hyderabad

51. Mujibunnisa Begum, D/o Mohd rJ affar Ali Khan died per L.Rs.

52.Md.BarkatAli Khan, S/o Md.JaffarAli Khan, aged 66 years, R/o 10-3- 808(245l2RT) Vijayanagar Colony, Hyderabad.

53. Younus Ali Khan, Died per Lrs

54. Paikarunnisa Begum, Died per Lrs

55. M/s Shasun Finance Ltd., represented by its G.P.A.Holder M.Y.Mararishi, R/o Ameerpet Apts., 56- Smt.Azeezunnisa Begum, Wo Late Md.Hyder Ali Khan, aged 40 years, Occ.House Hold

57. Md.lqbal Ali Khan, S/o late Md.Hyder Ali Khan, aged major , Occ. Advocate

58. Master Shahid Ali Khan, S/o Late Md.Hyder AIi Khan, age major years

59. Mir Ahmed Ali Khan (died)

60. Mir Muzaffar Ali Khan 6l.MirAmjad Ali Khan (Died)

62. Mir Moazam Ali Khan

63. Mir Mujahed Ali Khan

64. Mir Mustafa Ali Khan

65. Smt.lqbalunnisa Begum (died)

66. Smt.lftekharunnisa Begum, (Defendant Nos. 63 and 64 represented by their G.P.A Holder Mir Muzaffar Ali Khan/ Defendant No. 60)

67. Smt.Viquarunnisa Shahen, W/o Late Mir Ahmed Ali Khan

68. Mir Musharraf Ali Khan, S/o Late Mir Ahmed Ali Khan

69. lt/lir lt/ohammed Ali Khan, S/o Late Mir Ahmed All Khan

70. Syeda Amena Sharmeen, D/o Late Mir Ahmed Ali Khan 7'l . Syeda Afzia Sharmeen, D/o Late Mir Ahmed Ali Khan

72. Smt.Waliunnisa Tansem, D/o Smt.lqbalunnisa Begum (t)

73. Smt. Lateefunnisa Taiyaba, D/o Smt.lqbalunnisa Begun (Defendants 67 lo 71 are added as per common orders l 63/2003 and others dated 15-04-2003 as L.Rs of DefenrJ

74.Asrar Ur Rahman (Died Per Lrs, Defendants No.75 tb B' 323, portion, Yellareddyguda, Hyderabad) 63) 'f lssed in l.A.No. Lnt No. 57) (All R/o H No. B-3-

75. Ateeq-ur- Rahman, S/o Asrarul Hafeez aged 34 years, o :c. business

76. Noor Ul Rehman, S/oAsrarul hafeez, aged22 years, O. 77. Habeebunnisa Begum, Wo lrld.Qamruddin Khan, aged i Occ.Household ;.business 2 years, TB.Azmathunnisa Begum, Wo Shaik Miraj Ahmed, aged 3(r /ears, Occ. household

79. Fazilathunnisa Begum, Wo Shaik Qaiser, aged 23 year i Household

80. Nuzhatunnisa, Wo Md.Aleemuddin, aged 20 years, Oc<. lousehold (All R/o H.No. 8-3-323, portion, Yellareddyguda, Hyderab rd)

81. Syed Zahoor Ul Hussain, S/o late Mujeebunnisa Begum, Occ.Govt. servant, R/o B-1-364/4/36, Janaki Nagar Colc,r Hyderabad. rged 70 years, y, Toli chowki,

82. Syed Azam Hussain, Sio Syed Zahoor ul Hussain, aged Occ.Engineer R/o Dubai ,8 years,

83.Arjumanda Afshan, Wo Syed lVlohd.lt/irajudd in, aged 3(i R/o Jeddah, K S.A. rears, Occ.business,

84. Syed Mukkaram Hussain, S/o Syed Zahoor ul Hussain, a Occ.business. R/o Jeddah, K.S.A yed 32 years,

85. Mehnaz Shirin, W/o lqbal Mohiuddin, aged 30 years, Occ Janaki Nagar Colony, Toli Chowki, Hyderabad. household, R/o (lmpleaded as defendants No. 82 to 86 as per Order da1< l.A.NO. 202100 in O.S.No. 328/83. Defenddnt No. 83 to l their GPA holder Syed Zahoor-ul-Hussain, D.No. 81 anc D No 85). C 6-4-2006 in i represented by /lehnaz Shireen AMENDED PLAINT FILED AS PER THE ORDERS IN .I,, l.A.NO. 63i2003 in O.S.No. 328/83. r.No.404/1996 and

86. Shehnaz, Wo late Mohd.Siddiq Ali Khan, aged 42 years

87.Sania, D/o Late.Md.Siddiq Ali Khan, age 21 years BB. Mohammed Razzak Ali Khan, S/o Late Siddiq Ali Khan, : le 1 I years,

89. Shafia Siddiq, D/o late Siddiq Ali Khan, aged 17 years

90. Mohammed Saif Ali Khan, S/o late Md.Siddiq Ali Khan, age 10 years, (All Residents of 8-3-31 Bi6i1 3151102, Jayaprakash nagar, Yellareddyguda, Hydeabad. Added as per order passed in l.A.No. 326 of 2006 dated 8-8-2006 defendants 89 and 90 represented by mother and natural guardian as per order passed in l.A.No. 329 of 2006 dated 8-8-2006. )

91.Anjum Jahan Begum died

92. Mansoor Ali Khan, S/o late Taimur Ali Khan, age major

93. Sayeedunnisa Begum, D/o late Taimur Ali Khan, age major

94. Mohd.Jaffar Ali Khan, S/o late Taimur Ali Khan, age major

95. Mahmuda Fatima, Wo late Mahmood Ali Khan, aged 36 years, Occ. Housewife,

96. Mohd.Maroof Ali Khan, S/o late lvlahmood Ali Khan, aged 35 years, Occ.student

97. Mohd.Muqeer Ali Khan, S/o late Mahmood Ali Knan, aged 33 years, (AIl Residents of H. No. 13-6-437 I 1 16, Khader, Bagh, Mehdipatnam, Hyderabad.

98.Tayyaba Fatima, D/o late Mahmood Ali Khan, aged 29 years, Occ.student

99. Mohd.Mohsin Ali Khan, S/o late Mahmood Ali Khan, aged 24years (All Residents of H.No. 13-6-4371116, Khader,Bagh, [Vlehdipatnam, Hyderabad.

100. GHOUSEUNNISA BEGUM, Wo Late Mir Amjad Ali khan, Aged about 45 years occ. Household.

101. MlR. HAMED ALI KHAN, Sio Late Mir Amjad AH khan, Aged about 27 years occ. student

102. years occ. Private service lvllR ARSHAD ALI KHAN, S/o Late Mir Amjad Ali khan, Aged about 26

103. MIRASIFATHER ALI KHAN, S/o Late Mir Amjad Ali khan. Aged about 24 yearc occ. student

104. MIRASAD ALI KHAN, S/o Late Mir Amjad Ali khan, Aged about 19 years occ. student

105. SYEDA MUBEEN FATHMA, D/o Late Mir Amjad Ali khan, Aged about 23 years occ. student ALL are Resident of H. No. 4-10-62, M-M-Pahadi X Road Attapur, RR District

106. Faiq Jahan, Wo Late Mohammed Younus Ali Khan, aged about 58 years, Occupation. House-hold

107. Atma Jahan, D/o Late Mohammed Younus Ali Khan, aged about 36 years, Occupation. House-hold

108. Firdous Jahan, D/o Late Mohammed Younus Ali Khan, aged about 33 years, Occupation. House-hold.

109. Mohammed Farooq Ali Khan, S/o Late Mohammed Younus Ali Khan, aged about 32 years, Occupation. Business

110. Mohammed Osman Ali Khan, S/o Late,Mohamne J younus Ali Khan, aged about 30 years, Occupation. Business

111. Mohammed lsmail Ali Khan, S/o Late Mohammec younus Ali Khan, aged about 25 years, Occupation. Business (Defendant No '106 to 1 11 are Residents of H.No. 16-2- t )StBl6, Akbar Bagh, New Malakpet, Hyderabad- 500036, ( Defendant No.106 to 1 11 are the LRs of deceased Def rndant No.51 as per the orders in LA No.1191/2013 dated 12.6.2015)

112. Mohammed Abdul Wasay, S/o. Mohammed Abdr Hameed, (Son), aged about Major. Occ.Prrvate Service

113. Occ. Private Service I\rlohammed Abdul Mateen, S/o. Mohammed Abc r I Hameed, (Son),

114. Nikhat Sultana, D/o. A/lohammed Abdul Hameed ()aughter) 115. Rafath Sultana, D/o. Mohammed Abdul Hameed (laughter) 1 16. Masarath Sultana, D/o. MohammedAbdul Hamet> (Dauohter) All are Rlo. 8-1-21111/A, Surya Nagar Colony, Hyderabad, T.S (The Respondents No. 3 to 116 are not necessary parti,) ;to this revision petition) ... Respondents lA NO: 1 OF 2025 Petition under Section 1 51 of CpC praying that r the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders granting suspending the order dated >-1 .3.2025 passed in I.A No.23 of 2025 in o.s.No.328 of 1983 on the file of XIV l,< ditional chief Judge city civil court, Hyderabad, pending disposal of the revisirn in the interest of justice. Counsel for the Petitioner: SRI K JAMALI, ADVOCATE Gounsel for the Respondent Nos.1 & 2: ZULFAeUAR ALAt/t ADVOCATE The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE P.SAM KOSHY CML REVISION PETITION No.2487 OF 2025 ORDER Heard Sri K.Jarnali, learned counsel for the petitioner and Sri Zulfaquar Alam, leamed counsel for respondent Nos.l and 2. perused the record.

2. The instant Civil Revision Petition has been filed challenging the order dated 21.03.2025 passed in I.A.No.23 of 2025 in O.S.No.328 of 1983. Vide impugned order 21.03.2025, the learned XIV Additional Chief Judge, City Civil Court, Flyderabad, allowed I.A.No.23 of 2025 permitting the proposed defendants to be entered in the main suit as defendant Nos.l 16 and 117. The two persons sought impleadment were claiming themselves to be the legal heirs of the deceased defendant No.7, Md. Kazim Ali Khan. The petitioner herein is the nephew of deceased defendant No.7 and he is also defendant No.74 in the marn sult.

3. According to the petitioner, newly added defendant Nos.l16 is infact the adopted son of deceased defendant No.7. t 2 Such adoption is otherwise is not pemissible e rd therefore, he should not have becn pennitted to be impleaded

4. On a qucly being put to lcarned counsel fb' .he petitioner as also to thc respondents as to whether the.stat Ls of del-endant No.l16 bcing adopted son and so far as the : aim in tlie suit schedule property havc already been argued beftrr ; the trial Court both whilc suit itself was finally heard and also ',r hile considering I.A.No.2l of 2025 i.c. implead petition.

5. In view of the subr-nissions rnade by leamt:r counsel lor the parties that thc points have already been alguec. this Court does not see any good reason at this juncture to interr i t the impugned order. If thesc points have already been raised ar C argued before the trial (lourt, I find no reason as to why the tria lourl would not consider and decide this also rvhile passing tl r final order is concemed

6. ln view of the same, we are not inclined o entertain this revlslon petrtron

7. With the afbresaid observations, this Civil F evision Petition is dismissed.d 3 ',/ ./., 7 I Consequently, miscellaneous petitions pending, if any, shall stand closed SD/.M.OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY// s TION OFFICER To, '1. The XlVAdditional Chief Judg6, City Civil Court, Hyderabad 2. One CC to Sri K Jamali, Advocate [OPUC] 3. One CC to Sri Zulfaquar AIam, Advocate [OPUC] 4. Two CD Copies 4W ABK/PSL HIGH COURT DATED: 0110812025 A ORDER CRP.No.2487 of 2025 i:{) 1 04 tlc 2025 1 i,..^. \:-- :n1i r '-' -l'" t- DISMISSING OF THE CRP 6 1' ll l

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