Mohd. Asad, v. The Mandal Revenue Officer,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 16290 of 2005 ORDER:

The present writ petition came to be filed questioning the order dated 13.04.2005, wherein a memo filed by the petitioner seeking to set aside the mutation proceedings was returned on the ground that records were not traceable.

When the matter is taken up for hearing, it is brought to the notice of the Court that one of the daughter (W/ o.Mohd.Yousuf - father of the petitioner herein) of late Mohd.Ismail (owner and possessor of the lands in dispute) filed O.S.No.1154 of 1992 on the file of I Additional Judge, City Civil Court, Hyderabad seeking partition and possession of the property in dispute and the suit is still pending. It is now brought to the notice of the Court that the suit schedule properties were partitioned and also the appeal filed against the said order was also dismissed. Having regard to the above circumstances, this Court is of the view that nothing survives for adjudication, except giving liberty to the petitioner to work out his remedies, if any pursuant to the final findings in the civil suit.

Accordingly, the writ petition is dismissed. There shall be no order as to costs.

As a sequel thereto, Miscellaneous Petitions pending if any in this Writ Petition, shall stand closed.

____________________ C. PRAVEEN KUMAR, J 17.08.2017 vhb