Mrs. Rabia Jeddy Gulnaaz v. Ashish Kumar Bhaumik

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No. 1547 OF 2013 19.11.2015 Between:

Mrs. Rabia Jeddy Gulnaaz, Hyderabad, and others.

... Appellants And Ashok Kumar Bhaumik, Hyderabad, and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No. 1547 OF 2013

PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard Sri Avinash Desai, learned counsel appearing for the appellants; Sri B. Vijaysen Reddy, learned counsel appearing for respondent Nos.1 and 2; Sri A. Nava Mohan Rao, learned counsel appearing for respondent Nos.3 to 6 and 11 to 14; Sri C.V.R. Rudra Prasad, learned counsel appearing for respondent No.8; and learned Government Pleader for Co-operation appearing for respondent Nos.9 and 10.

Sri Avinash Desai, learned counsel appearing for the appellants prays for withdrawal of the writ appeal with liberty to the appellants to approach civil Court for adjudication of their rights in the suit plot/property on the basis of the documents executed by the original owner of the plot M. Laxma Reddy and his niece Ms. K. Shailaja Reddy.

Writ Appeal is disposed of as withdrawn with liberty as prayed. It is needless to mention that if a suit is instituted by the appellants, concerned civil Court shall consider and deal with the same on merits in accordance with law. If the appellants ultimately succeed in establishing their rights in the suit property, it is open for them to approach the society for seeking transfer of the plot afresh. We have perused Section 121 of the Andhra Pradesh Co-operative Societies Act, 1964.

Keeping that in view learned counsel for the appellants has made the submission as aforementioned. He made such submission since in a suit for declaration and for other appropriate reliefs, as aforementioned, society need not be a party. It is open to the appellants to file application for interim order, if they so desire and advised, and if any such application is made, the civil Court may consider the same on merits in accordance with law. Miscellaneous petitions, if any, also stand disposed of. _________________________

DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J 19.11.2015 va