Telangana High Court
Nazimunissa Begum vs Fatima Sultana Begum on 19 September, 2024
Author: P.Sree Sudha
Bench: P.Sree Sudha
THE HON'BLE SMT.JUSTICE P.SREE SUDHA
Civil Revision Petition Nos.2923 & 2998 of 2022
COMMON ORDER:
Civil Revision Petition No.2923 of 2022 is filed against the
order dated 11.04.2022 passed in I.A.No.2111 of 2022 in
I.A.No.2179 of 1973 in O.S.No.18 of 1962 on the file of Chief
Judge, City Civil Court at Hyderabad.
2. Civil Revision Petition No.2998 of 2022 is filed against the
order dated 11.04.2022 passed in I.A.No.2179 of 1973 in SR
No.4945 of 1972 in O.S.No.18 of 1962 on the file of Chief Judge,
City Civil Court at Hyderabad.
3. It is a long drawn litigation from the year 1962 onwards.
The case of the petitioners/defendants is that the suit in
O.S.No.18 of 1962 was filed by the legatees of late Sajidyar Jung
for administration of his estates. Said suit has been decreed
preliminary on 11.07.1964. Aggrieved by the said judgment and
decree, the petitioners/defendants preferred C.C.C.A.No.22 of
1964. The parties entered into a compromise and an interim
final decree has been passed on 27.06.1966. The parties to the
suit agreed to sell the property situated at Ooty called "Wood
Cock Hall" through the receivers appointed by the Court. After
following due procedure, the property was sold and purchased by
respondent Nos.3 to 14 in the auction. Since then, the
respondent Nos.3 to 14 have been in possession and enjoyment
of the property on the basis of sale certificate issued by this
Court on 03.11.1973. After completion of the sale and delivery of
possession, the defendant No.6 filed I.A.No.2179 of 1973 to set-
aside the sale and to contest the same. Said I.A has been
dismissed on 14.12.1973. Aggrieved by the same, an appeal was
preferred in A.A.O.No.15 of 1974 before the Hon'ble High Court
on 27.07.1976 with a direction to conduct enquiry under Section
151 of CPC. Aggrieved by the order, the respondents in
A.A.O.No.15 of 1974 challenged the order of the Hon'ble High
Court before the Hon'ble Supreme Court in Civil Appeal No.1081
of 1976. The Hon'ble Supreme Court dismissed the Civil Appeal
No.1081 of 1976 on 14.11.1995 confirming the order of the
Hon'ble High Court in A.A.O.No.15 of 1974. Subsequently,
defendant No.6 died on 02.03.2004 and respondent Nos.2 to 4
were sought to be brought on record as legal heirs of deceased-
defendant No.6. Said application to bring the legal heirs of the
defendant No.6 on record, was filed along with an application in
I.A.No.3559 of 2008 to condone the delay of 1686 days. The trial
Court allowed the same on 28.07.2014. Aggrieved by the same,
the respondent Nos.3 to 14 filed C.R.P.No.2791 of 2014 before
the Hon'ble High Court and obtained stay of further proceedings.
The Hon'ble High Court dismissed the civil revision petition and
condoned the delay of 1686 days on 30.08.2019. One
Ammerunnisa Begum carried the matter to the Hon'ble Supreme
Court in S.L.P.No.Civil Diary No.45441 of 2019 and the same has
been dismissed on 03.02.2020 holding that there are no grounds
to interfere with the impugned order of the Hon'ble High Court.
Petitioners pleaded that only petition pending before this Court is
I.A.No.2179 of 1973 filed by the defendant No.6 to set-aside the
sale held by the receivers, whereby the defendant Nos.3 to 14
have purchased the property. The petitioners pleaded that all the
parties supported defendant No.6 and defendant No.6 filed only
on behalf of herself and none others. As a consequence, upon
the death of the defendant No.6, since the legal heirs could not be
brought on record, the matter has abated and no cause of action
survives on that account. Since there is no cause of action
surviving on account of failure to bring the legal heirs of the
defendant No.6, the petitioners pleaded that I.A.No.2179 of 1973
in O.S.No.18 of 1962 is to be dismissed as abated. Aggrieved by
the said order, this C.R.P is preferred.
4. C.R.P.No.2998 of 2022 is filed to condone the delay of 1686
days and it was allowed by the trial Court and reversed by the
Hon'ble High Court and order of the Hon'ble High Court was
confirmed by the Hon'ble Supreme Court on 03.02.2020. As
such respondent Nos.3 to 14 filed I.A.No.2111 of 2022 to dismiss
the proceedings in I.A as abated as defendant No.6 died and her
Legal Representatives failed to came on record, it was allowed
and in the result petition was dismissed as abated. Aggrieved by
the said order, this C.R.P is preferred. The trial Court rightly
observed that except defendant No.6 none of the defendants
raised objection regarding the sale of the property by the
receivers but defendant No.6 died during the pendency of the
appeal and his Legal Representatives were not brought on record
as delay petition was already dismissed, the matter was carried
out to the Hon'ble Supreme Court. The trial Court considering
the facts in written statement rightly dismissed the applications
and this Court finds no reason to interfere with the same.
5. Learned counsel for the respondents mainly contended that
both the petitions shall be dismissed as no cause of action
survives. When the suit is filed way back in the year 1962,
preliminary decree granted in the year 1964 against which appeal
is preferred but there is compromise against the parties in the
year 1966 to sell away the property situated at Ooty and receivers
were appointed as per the direction of the Court and properties
were sold from then onwards they are in possession and sale
certificate was issued in the year 1973 but an application was
filed by the defendant No.6 in the year 1973 to set aside the sale
conducted by the receivers. Though defendant No.6 died on
02.03.2004 his Legal Representatives were not brought on record
and delay application was already dismissed. As such, the I.A
stands abated and no cause of action survives. Therefore, this
Court finds no reasons to interfere in the order of the trial Court.
6. In the result, both the revision petitions are dismissed by
confirming the orders of the trial Court. There shall be no order
as to costs.
As a sequel, miscellaneous petitions, pending if any, shall
stand closed.
___________________
P.SREE SUDHA, J
Date:19.09.2024
Bw
