THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application Nos.714 and 715 of 2014 in C.S.No.13 of 1958 Dated 28th April, 2014 Between:
M/s.Ravi Kailas Builders Pvt. Ltd.
.. Applicant-petitioner and Amatul Rahim & others .. Respondents THE HON’BLE SRI JUSTICE V. SURI APPA RAO Application Nos.714 and 715 of 2014 in C.S.No.13 of 1958 COMMON ORDER:
Application (SR) No.3096 of 2014 is filed by the applicant under Order XXIII Rule 3 and Order XX Rule 18 of the Code of Civil Procedure seeking to record Compromise dated 09.12.1992 and to pass a final decree in his favour in respect of the land admeasuring Acres 61-34 Guntas in Sy.Nos.610/1, 611/1, 613 and 614 situated at Malkajgiri Village, Urban Taluk, Hyderabad District, (hereinafter referred to as ‘schedule property’) covered under sale deed bearing document No.1444 of 1980.
Application (SR) No.3098 of 2014 is filed by the applicant under Order XXV Rule 35 read with section 151 of the Code of Civil Procedure seeking to direct the District Judge, R.R. District to deliver the physical possession of the schedule property.
Heard.
It is represented that Civil Suit No.13 of 1958 was filed by one Syed Hasan against Syed Kazim Hussain and others for partition of all properties of Salar Jung Estate. A preliminary decree was passed on 05.03.1959 and thereafter, a warrant appointing a Receiver-cum- Commissioner was issued on 05.05.1959 for effecting the partition of all the properties which were held to be available for partition amongst the heirs and successors of the Estate.
It is also submitted that by virtue of orders of this Court in Application No.82 of 1962 dated 22.03.1962, the Receiver-cum- Commissioner was directed to prepare a scheme of partition of Nuzool lands. Subsequent thereto, defendants therein were directed to take constructive possession of the allotted properties. Further, by an affidavit and report dated 20.06.1963 the Receiver-cum-Commissioner allotted several lands to defendants and handed over constructive possession to the respective parties. Accordingly, present schedule property was allotted in favour of defendant No.7 viz., Amatul Rahim.
It is further submitted that the applicant herein has purchased the schedule property from defendant No.7 under registered document No.1444 of 1980 dated 07.03.1980. Subsequent thereto, the applicant herein and defendant No.7 as well as the GPA holder of defendant No.7 arrived at an agreement on 09.12.1992 agreeing not to raise any objection for moving appropriate applications by the applicant before this Court for passing of final decree in respect of the schedule properties. However, few months thereafter defendant No.7 died. As such, applicant could not file necessary applications before this Court seeking for passing of preliminary decree. As such, now the applicant came up before this Court with Application (SR) No.3096 of 2014 seeking to pass a final decree in respect of the schedule properties on the strength of original Memorandum of Compromise dated 09.12.1992 entered between himself and defendant No.7 and her GPA holder. The applicant further filed Application (SR) No.3098 of 2014 seeking to direct the District Judge, R.R. District, to deliver physical possession of the schedule property in pursuance of final decree to be passed by this Court in his favour.
All the parties consented for the terms of compromise, more particularly, defendant No.7, allottee of the schedule property, and her GPA holder agreed for passing of final decree in favour of the petitioner herein by virtue of execution of Memorandum of Compromise dated 09.12.1992. 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. Hence, Appl(SR) No.3096 of 2014 is allowed and a final decree is hereby passed in favour of the petitioner in respect of schedule land admeasuring Acres 61-34 Guntas in Sy.Nos.610/1, 611/1, 613 and 614 situated at Malkajgiri Village, Urban Taluk, Hyderabad District, covered under sale deed bearing document No.1444 of 1980.
As regards Appl (SR) No.3098 of 2014, since there is no receiver as on today to deliver the physical possession of the property, the petitioner is directed to file an appropriate application before the District Judge, Ranga Reddy District, seeking to deliver the physical possession of the schedule property and on such application being filed, the Court below shall pass appropriate orders keeping in view the final decree passed by this Court. Accordingly, Appl (SR) No.3098 of 2014 is disposed of.
V.SURI APPA RAO, J
Dated 28th April, 2014
SUR