Telangana High Court
WA/2023/2013 of Mohammed Ali Khan, Vs Shahzadi Begum on 31 December 2013
THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Appeal No. 2023 of 2013 DATED:31.12.2013 Between: Mohammed Ali Khan … Appellant And Shahzadi Begum, Hyderabad and others. … Respondents THE HON’BLE THE CHIEF JUSTICE SRI
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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No. 2023 of 2013
DATED:31.12.2013
Between:Mohammed Ali KhanAndShahzadi Begum,Hyderabad and others.
… Appellant
… Respondents
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No. 2023 of 2013
Oral Judgment:(per the Hon’ble the Chief Justice Sri Kalyan JyotiSengupta)
This appeal is preferred against the judgment andorder of the learned Single Judge dated 10.2.2009. Thisappeal is preferred by the appellant, who was not a partyto the writ proceedings.
We have examined the judgment and order of thelearned Single Judge. His Lordship has not decidedanything on the merits of the case, but has merelydirected to conduct survey of the land admeasuringAcs.15.19 guntas in Survey No.99 of Hyderguda Village,Rajendernagar Mandal, Ranga Reddy District, within acertain period of time. The learned Single Judge was notoblivious of the fact that there might be third parties. So,protection has been given. Therefore, the appellant isalso protected by this order. If the appellant wants to bepresent at the time of survey, the appellant can giveintimation to the officials, who will conduct survey in terms of the order of this Court.
Since no adjudication has been done on the meritsof the dispute, therefore all points are kept open to beheard and the Civil Court will take a decision on the meritsof the matter in accordance with law in the pending suit.
The appeal is accordingly dismissed. The interimorder granted on 13.5.2009 shall stand vacated. Themiscellaneous applications, if any pending, shall alsostand dismissed. No costs.
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K.J. SENGUPTA, CJ
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SANJAY KUMAR, J
31.12.2013
PNB