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High Court for State of TelanganaCRP/3348/2024disposed of no costs

Mohd. Rafi v. Mir Mohd. Rasheed Ali Khan (Died)

2024-10-25Sujoy Paul5 pages

I [ 3401 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENry FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUJOY PAUL CIVIL REVISION PETITION NO: 3348 OF 2024 Petition under Section 1 '1 5 of CPC r/w Section 151 of CPC against the Order daled 22-10-2024 made in E.A. No. 342 ot 2024 in E.P. No. 194 of 2024 on the file of the Court of the Chief Judge, City Civil Court at Hyderabad. Between:

Mohd. Rafi, Son of Gulam Dastagir, Aged about 60 years, Resident of H.No.8-2-309/3/8, Road No.14, Banjara Hills, Hyderabad

...Petitioner / Petitioner / Judgment Debtor No. 10

AND

1. Mir Mohd. Rasheed Ali Khan (Died)

2. Fateh Kiswari, Son of Late Mir Mohd Rasheed Ali Khan, Resident of H.No.231-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad

3. Ameer Sultana @ Maherunnisa, , Wife of Late Mir Mohd Rasheed Ali Khan, Resident of H.No.23-1-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad

4. Syed Raunaq Ali Khan, Son of Late Mir Mohd Rasheed Ali Khan, Resident of H.No.23-1-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad

5. Syed GazanfurAli Khan, Son of Late Mir Mohd Rasheed Ali Khan, Resident of H.No.23-1-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad

6. Naquiya Zohra, Daughter of Late Mir Mohd Rasheed Ali Khan, Resident of H.No.23-1-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad

7. Aliya Zohra, Daughter of Late Mir Mohd Rasheed Ali Khan, Resident of H.No.23-1-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad I Kaneez E Marium, Daughter of Late Ameer Sultana @ Meharunnissa, aged about 36 years, Occ. Housewife, Resident of USA, represented by her General Power of Attorney Syed Ahmed Hussaini Son of Late Ameer Sultana 4, Meerunnissa, Aged about 36 years, Occ. Business, R/o. H.No.23-1-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad o Syed Ahmed Hussaini, Son of Late Ameer Sultana @ Meerunnlssa, Aged about 36 years, Occ. Business, R/o. H.No.23-1-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad.

Kaneez E Taherea, Wife of S. M. Kumail Kinmani, aged about 35 years, Occ. Housewife, Resident of H.No.6/1 1, Grape Garden, Austin Town, Opp. BDA Complex, Banglore South, Viveknagar, Bangluru, Karnataka Represented by her General Power of Attorney Syed Ahmed Hussaini Son of Late Ameer Sultana @ Meerunnissa, Aged about 36 years, Occ. Business, R/o. H.No.231-365, Hussaini Kothi, Kotla Ali Jah, Hyderabad

...Respondents / Respondents / Decree Holders

B. Lalu Naik, Son of Bakwat Bathia Naik, Aged about 55 years, Resident of H.No.8-2-293131, Road No.14, Banjara Hills, Hyderabad Ramanatham Bhimlal Naik, Son of Kotaiah, Aged about 50 years, Resident of H.No.8-2-293131, Road No.14, Banjara Hills, Hyderabad K. Damodhar Reddy, Aged about 52 years, Resident of H.No.B-2-293l31, Road No.14, Banjara Hills, Hyderabad IJ, P. Rajeshwar Sawji, Son of Jagadish Pershad, Aged Major, Resident of H.No.1 3-2-751, Rahimpura, Hyderabad Kishan Reddy, Aged Major, Resident of Flat No.109, Block-D, High Line Complex, Road No.'12, Banjara Hills, Hyderabad Shaik Maqbool Ahmed, Resident of Shop No.8, Fatesh Nagar Maidan, Dabeerpura, Hyderabad Gafoorunnisa Begum (Died) Mohd Hafeez Died (Died) 18.

Mohd. Shafi (Died) 19.

Hussain Mohammed Bhai, Aged about 40 years, Resident of H.No.B-2-293, Road No.14, Banjara Hills, Hyderabad The Special Officer & Competent Authority, Urban Land Ceiling, Hyderabad 21.

The Collector, Hyderabad District Urban, Telangana State .. .Respondents / Respondents / Judgment Debtors 1a Mohd. Sami, Son of Gulam Dastagir, Aged about 53 years, Resident of H.No.B-2-293l31, Road No.'14, Banjara Hills, Hyderabad Mohd. Omer, Son of Gulam Dastagir, Aged about 70 years, Resident of H.No.8-2-293131, Road No.14, Banjara Hills, Hyderabad

...Respondents / Petitioners / Judgment Debtor Nos. 11 & 12

lA NO:2 OF 2024 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 stay all further proceedings in E. P. No.1 94 of 2024 on the file of the Hon'ble Chief Judge, City Civil Court, Hyderabad, pending disposal of the above CRP.

Sri S Surender Rao, Senior Counsel Rep Sri V Ramchander Goud Counsel for the Petitioner Counsel for the ResPondents :

The Court made the following Order :

THE HONOURABLE SRI JUSTICE SUJOY PAUL CML REVISION PETITION No.3348 of 2o24 ORDER:

Sri S. Surender Rao, learned Senior Counsel represents Sri V. Ramchander Goud, learned counsel for the petitioner. 2.

It is pointed out that the petitioner has already filed a Writ of Prohibition i.e. W.P.No.27B42 of 2024. For present grievance, the petitioner can file appropriate application ald material documents in the said W.P. and multiplication by this C.R.P. is unnecessary. 3.

Accordingly, the Civil Revision Petition is disposed of by reserving 1ibert1, to the petitioner to file appropriate application and material documents in W.P.No.27842 of 2024. There shall be no order as to costs As a sequel, miscellaneous petitions, pending if any, stand' closed.

sd/. P. CH. NAGABHUSHAMBA ASSISTANT GISTRAR //TRUE COPY// S TION OFFICER To, The Chief Judge, City Civil Court, Hyderabad One CC to Sri V Ramchander Goud, Advocate [OPUCI

3. Two CD CoPies VA/gh @;

t * HIGH COURT DATED:2511012024 STA oo 2[25 ( 2 4 JAN ..

ORDER

CRP.No.3348 of 2024 DISPOSING OF THE CRP \,