THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application No.774 of 2014 in C.S.No.7 of 1958 Dated 30th June, 2014 Between:
Ahmed Miya .. Applicant-petitioner and Ahmed Hussain (late) (died as per LRs) & others .. Respondents THE HON’BLE SRI JUSTICE V. SURI APPA RAO Application No.774 of 2014 in C.S.No.7 of 1958 ORDER:
This application under Order 20 Rule 18 & Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure is filed seeking to record compromise and pass a final decree in favour of the applicant in terms of Memorandum of Compromise dated 15.06.2014 by declaring the applicant as owner in respect of 50% of jewellery seized from Nawab Zaheer Yar Jung Bahadur and his wife under cover of Panchanama and Memorandum bearing C.No.3419/52 dated 13.05.1952.
As seen from the affidavit filed in support of this application, O.S.No.130/1 of 1952 was filed by one Sahebzadi Sultan Jahan Begum, being one of the legal heirs to the estate of Sir Asman Jah Paigah, for partition of Matruka property and the said case was renumbered as C.S.No.7/1958 on being transferred to this Court. Plaintiff and D.1 Nawab Zaheer Yar Jung Bahadur therein withdrew from the said case after taking certain items of properties and a preliminary decree was also passed on 06.04.1959. Further D.1 in the capacity of Amir-E-Paigah and his wife Hushmthunissa Begum exclusively came to be owned and possessed certain precious jewellery and the same were seized from them at Santa Cruz Aerodrome, Bombay, on 19.04.1952 under a Panchanama, subsequently, a Memorandum bearing C.No.3419/52 was came to be issued on 13.05.1952. It is further stated that by way of a Deed of Assignment registered as document No.654/1958 dated 31.03.1958 on the file of District Registrar, Hyderabad, D.1 and his wife sold away their rights in favour of the applicant and the first respondent herein in respect of articles of jewelry listed as items G-1 to G-7 and H and items I and N of Schedule B and items I-1 to I-4 in schedule C (hereinafter referred to as ‘schedule property’). Subsequently, the first respondent herein i.e. co-purchaser, died on 08.02.1983 leaving behind R.2 as his exclusive heir and successor. Further, the parties i.e. applicant and second respondent herein have entered into an agreement dated 15.06.2014 wherein both the parties agreed not to make any objection for passing of a final decree in respect of their respective shares from out of the schedule property. As such, the present application for record compromise dated 15.06.2014 and for passing of a final decree in favour of the applicant herein in respect of 50% of schedule property.
Learned counsel for the applicant submits that the applicant along with first respondent herein purchased the schedule property from D.1 and his wife vide assignment deed dated 31.03.1958. As such, applicant is entitled for 50% of the schedule property towards his share.
Learned counsel for the respondent also reiterated the terms of compromise entered between the parties and represented that his client i.e. respondent No.2 had no objection of passing of a final decree as prayed for by the applicant.
According to both the counsel, the terms of compromise are not shown to be void or voidable and they appear to be lawful. Therefore, there is no impediment for recording the compromise.
Considering the above circumstances that the alleged jewellery property was seized by the customs authorities at Santa Cruz Aerodrome, Bombay on 19.4.1952, this petition is ordered reserving liberty to the petitioner to approach the appropriate authorities seeking appropriate relief strictly as per law.
V.SURI APPA RAO, J
Dated 30th June, 2014 SUR / KVRM THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application No.774 of 2014 in C.S.No.7 of 1958 Dated 30th June, 2014