THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application Nos.710 and 711 of 2014 in C.S.No.13 of 1958 Dated 28th April, 2014 Between:
M/s.Thakursidas Mukhram .. Applicant-petitioner and Baqtawar Begum & others .. Respondents THE HON’BLE SRI JUSTICE V. SURI APPA RAO Application Nos.710 and 711 of 2014 in C.S.No.13 of 1958 COMMON ORDER:
Application (SR) No.3091 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 01.04.2014 and to pass a final decree in its favour in respect of the land admeasuring Acres 45-00 Guntas in Sy.No.229/1 of Thokatta Village, Trimulgerri Mandal, Secunderabad, Hyderabad District, (hereinafter called as ‘schedule property’ for the sake of convenience) covered under sale deed bearing document No.1443 of 1980.
Application (SR) No.3093 of 2014 is filed by the applicant under Order XXI Rule 35 read with section 151 of the Code of Civil Procedure seeking to direct the Chief Judge, City Civil Court, Hyderabad, to deliver the physical possession of the above referred land.
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. The Receiver-cum- Commissioner formulated a scheme of partition in Application No.69 of 1960, in pursuance of the order dated 30.01.1960, in Application No.15/1960. After due notice to all the parties, interse partition and distribution was directed under orders dated 23.02.1961 and 18.04.1961.
Subsequent thereto, by letter No.654 dated 16.11.1961 by the Receiver-cum-Commissioner, the defendant Nos.2 and 124 were directed to take constructive possession of the allotted properties. Accordingly, present schedule property was allotted in favour of defendant No.2 viz., Nawab Syed Ahmed.
It is further submitted that Late Mukhram Agarwal, father of Ashok Agarwal-Managing Partner of the applicant Firm, purchased the schedule property from defendant No.2 under registered document No.1443 of 1980 dated 07.03.1980. It is the specific submission of the applicant Firm that the schedule land was never a Government land.
It is further submitted that, in order to avoid further complications and conflicts in the matter, the applicant Firm herein and the legal heirs of defendant No.2 arrived at an agreement on 01.04.2014 agreeing not to raise any objection for moving appropriate applications by the applicant Firm before this Court for passing of final decree in respect of the schedule property. Hence, the applicant Firm came up before this Court with Application (SR) No.3091 of 2014 seeking to pass a final decree in respect of the schedule property on the strength of Memorandum of Compromise dated 01.04.2014 and also the registered sale deed dated 07.03.1980.
The applicant Firm further filed Application (SR) No.3093 of 2014 seeking to direct the Chief Judge, City Civil Court, Hyderabad, District, to deliver physical possession of the schedule land 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, the legal representatives of defendant No.2, allottee of the schedule property, agreed for passing of final decree in favour of the applicant Firm herein by virtue of execution of Memorandum of Compromise dated 01.04.2014. 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.3091 of 2014 is allowed and a final decree is hereby passed in favour of the applicant Firm in respect of land admeasuring Acres 45-00 Guntas in Sy.No.229/1 of Thokatta Village, Trimulgerri Mandal, Secunderabad, covered under registered sale deed bearing document No.1443 of 1980.
As regards Appl (SR) No.3093 of 2014, since there is no receiver as on today to deliver the physical possession of the property, the applicant Firm 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 of the final decree passed by this Court. Accordingly, Appl (SR) No.3093 of 2014 is disposed of.
V.SURI APPA RAO, J
Dated 28th April, 2014
SUR