CCCA/71/1993 of MANAGING COMMITTEE BEGUMPET HYDERABAD Vs T.SESHA REDDY SELIVAHANANAGAR HYDANDANR on 28 December 2001

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE TWENTIETH DAY OF SEPTEMBERTWO THOUSAND AND NINETEEN

:PRESENT:

THE HON'BLE SRI JUSTICE T.VINOD KUMAR

IA No.2 OF 2019INCCCA NO: 7r OF 1993

)i)o

Between:

The Managing Committee, Jame Masjid, B.Saheba Panjagutta, Rep.by its PresidentSecretaryAshfaq Ahmed Chisti.SecretaryAshfaq Ahmed Chisti.

... Petitioner/Respondent No. 1 /J.Dr.(Petitioner in CCCA.No.7l OF 1993on the file of High Court)

AND

l.T.Sesha Reddy, S./o.T. Satyanarayana Reddy, aged about 60 years, Occ: Agriculture,R/o.Ayanapur, Gannavaram Taluk, Krishna District, Rep.by his General Power ofAttorney K.P.Reddaiah, S/o.Subbaiah, Aged about years, Occ: Business, R/o.AtSalivahana Nagar, Hyderabad.R/o.Ayanapur, Gannavaram Taluk, Krishna District, Rep.by his General Power ofAttorney K.P.Reddaiah, S/o.Subbaiah, Aged about years, Occ: Business, R/o.AtSalivahana Nagar, Hyderabad.

. ...RespondenVAppellant/Dec.Holder

2The Telangana State Wakf Board, Haj House, Opp: Public Gardens, Namaplly,Hyderabad, Rep.by its SecretaryHyderabad, Rep.by its Secretary

...Respondents/Respondents

(Respondents in-do-)

Counsel for the Petitioner :M/S. S.R.MAHAJIRCounsel for the Respondent No.2 : MR.M.A.MUJEEB, SC

Petition under Section I 51 CPC praying that in the circumstances stated in the affidavitfiled in support ofthe petition, the High Court may be pleased to pass an order staying all furtherproceedings for execution in EP No. 4l of 2009 on the file of the Hon'ble 3rd Additional ChiefJudge, City Civil Court, at Hyderabad, pending disposal of the above CCCA No.71 of 1993, onthe file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as towhy this application should not be complied with, made the following order.(The receipt of thisorder will be deemed to be the receipt ofnotice in the case).why this application should not be complied with, made the following order.(The receipt of thisorder will be deemed to be the receipt ofnotice in the case).

OIIDER

This application is filed seeking stay of all further proceedings forexecution of E,P.No.41 of 2009 on the file of III Additional Chief Judge, CityCivil Court, Hyderabad [pending ]disposal of C.C.C.A.No.71 of 1993.

The learned counsel appearing for petitioner/judgment debtor SriS.R.Mahajir submits that E.A.Nos.27 and 29 of 2Ot6 in E.P.No.4l of 2009 inO.S.No.556 of 1983 are [posted ]before the Court below on 25.9.2019 and theCourt below is not taking on record the additional counter it seeks to filetherein and if the Court below is directed to receive the said additionalcounter and decide the matter in accordance with law after [giving]oppoftunity to the [parties, ]there would be no necessity to [pass ]any orders [in]this LA.

f

The learned senior counsel Sri Vedula Venkataramana, appearing forRespondent No.1/decree holder has no objection for the same.In view of the above, the Court below is directed to receive theadditional counter to be filed by the [petitioner ]herein in E.A.Nos.27 and 29 ofRespondent No.1/decree holder has no objection for the same.In view of the above, the Court below is directed to receive theadditional counter to be filed by the [petitioner ]herein in E.A.Nos.27 and 29 of2016 in E.P.No.41 of 2009 in O.S.No.556 of 1983 on 25.9.2019 and aftergiving opportunity to the parties concerned/ shall decide the matter inaccorda nce with law.accorda nce with law.

Subject to the above, this LA. is closed.

SD/.8.SATYA VATHI

//TRUE COPYIISECTIOFFICER

ToL The III Additional ChiefJudge, City Civil Court, at Hyderabad.2. T.Sesha Reddy, S./o.T.Satyanarayana Reddy, R/o.Ayanapur, Gannavaram Taluk, KrishnaDistrict, Rep.by his General Power of Attomey K.P.Reddaiah, S/o.Subbaiah, R/o.AtSalivahana Nagar, Hyder.abad. (BY RPAD)L The III Additional ChiefJudge, City Civil Court, at Hyderabad.2. T.Sesha Reddy, S./o.T.Satyanarayana Reddy, R/o.Ayanapur, Gannavaram Taluk, KrishnaDistrict, Rep.by his General Power of Attomey K.P.Reddaiah, S/o.Subbaiah, R/o.AtSalivahana Nagar, Hyder.abad. (BY RPAD)3. The Secretary. The Telangana State Wakf Board, Haj House, Opp: Public Gardens,Namaplly, Hyderabad. (BY RPA)DNamaplly, Hyderabad. (BY RPA)D

4. One CC to M/S.S.R.Mahajir, Advocate (OPUC)

5. One spare copy

HIGH COURT

TVK,J

DATED;20.9.2019

I.A.NO.2 0F 2019INcccA.NO.7l 0F 1993

INTERIX{ DIRECTIOIi

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