Telangana High Court

CRP/4586/2025 of Mr. Mir Mohammed Ali Khan Vs Mohammed Sabir Ali @ Chand Miya on 30 January 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY CIVIL REVISION PETITION NO:4586 oF 2025 Petition under Adicle 221 of the Constitution of lndia aggrieved by non_ disposar of r A.No

[ 3378 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY, THE THIRTIETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HON'BLE SRI JUSTICE P.SAM KOSHY

CIVIL REVISION PETITION NO:4586 oF 2025

Petition under Adicle 221 of the Constitution of lndia aggrieved by non_

disposar of r A.No 1204 0r 2022 in o.S.No.5442 0f 2022 0nthe fire of the court of the XX Junior Civit Judge, City Civil Court at Hyderabad.

Between:

9. Ather Unissa Begum, D/o. Late Mir

years, Occ Employee, R/o H.No.3$_

Mr. Mir Mohammed Ali Khan, Died per Lrs

Mir Khurshid Ali Khan, S/o Late fr4il. fvfu.affe, Ali Khan, aged about 65 years, fillfatirornia, United States of America,1513 W".iem Ave, Fuilerton, CA, Dr. Vicar eureshi, Wo Dr. Asif Masood eureshi D/o Late Mir Muzaffer Ali Khan, aged about 67 vears, Occ. Oo"torlnio j+Iil oia.ono Fails Circte, Land O Lakes, Florida, iJSA.

(Petitioner No.2 and 3 are represented by his GpA holder Mir Aadit Ali Khan, S/o Late Mir Mohammed ryl$1, A# ;";i;;;;;r.r, occ: student R/o H.No 3-6-361/20, Street No 20, rir"vrin ru"gli ,jvoliroro-.ooo2e,TS )

(P2 & P3 rep by p10 oermitted as_Spi nofoeial pJrc"rn order dated 3O_01- 2026 vide t.A.No.2 of 2025 in CRp.4586 ot ZOZS\ "

-

Dr. Asif Unnisa Begum. D/o ,Late-ff/irVuzafer-iii Xfran, ageo about 66 years, Occ. Professor, R/o 3_6_361/20, Streeil.ro.Zo, i;;;;il Nagar, Hyoerabad.

.Yr_r: Ay.r. unnisa Besum, Dlo Late ilil;#;7fii'Knan, aseo about 65

years, Occ. Househotd. R/o HNo.1O_4_Sa, Firt Nd.ib8,Btock B,Humayun Nagar,Masab Tank, Moon Rock Apartment" n# rv"L"rr"fryderabad_500 029, Muneer Unissa Begum, W/o.. Late Mir Mohammed Ali Khan, Aged about 57

years, Occ Housewife, R/o H.No.3_6_36f lZO, Street flo.)0, Himayatn Nagar,

Mir Amair Ali Khan, S/o. LateJ\rlirJtilohammed Ali Khan, Aged about 38 years, occ Business, R/o H No 3_6_3olzo, streei ii;;d' Himayath Nagar,

Hyderabad-500029,TS.

Wljah:th Unissa B€gum, D/o Late Mir Mohammed Ati Khan, Aged about 34

years,Occ Housewife, R/o H. No.3_6_361/2O,-Sireet wo ZO t_lirryrth Nagar, Hyderabad-500 029, TS.

q

b

Hyderabad-500029,TS

Mohammed Ali Khan, Aged about 30

361/20, Skeet No.20, Himayath Nagar,

10- Mir Aadil Ali Khan, S/o. Late Mir Mohammed All Khan, Ag :d about 26 years, Occ Student R/o H. No.3-6-361/20, Skeet No.20, Himayath Nagar,

Hyderabad-500029,TS.

...F etitioners/Plaintiff

AND

Mohammed Sabir Ali @ Chand Miya, S/o Shaik Turat Ali @ Mohammed Miyan, aged about 55 years, Occ. Business, Prolr ietor of Rainbow Restaurant, Shop No 5-9-315 and 316, Opp. To St rte Bank of lndia, Gunfoundry, Hyderabad, TS.

Mir Asad Ali Khan, S/o Late Mir Muzaffer Ali Khan, ag e d about 52 years, R/o3-6-361/20, Street No.20, Himayath Nagar, Hyderabacl, TS.

...Respo r dents/Defendants

Counsel for the Petitioners: Sri R.A. Achuthanand Counsel for the Respondents:

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI WSTICE P. SAM KOSHY

Clvil Revision Petition No.4586 of 2025

Date of ordet : 30.01.2o26

BETWEEN:

Mr Mir Mohammed Ali Khan

(died per L.R.s) and others

. Petitioners

And

Mohammed Sabir Ali Chand MiYa

and alother

Respondents

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ORDER :

The instant Civil Revision Petition has been filed by the petitioners under Articl e 227 of the Constitution of India praying the Court to give a direction to the XX Junior Civil Judge, City Civil Court, at Hyderabad to dispose of I-A-No.l2O4 of 2022 in O.S.No.5442 of 2022 which is pending on its hle.

2. Heard Mr. R.A. Achuthanand, learned counsel for the petitioners.

3. Initially, the petitioners have frled the above suit under orderVllRulelreadwithSection26ofCivilProcedureCode,

1908 praying the Trial Court to evict respondent rlo.1 from two Mulgies bearing M.Nos.5-9-3 15 and 5-9-3 16, siturt ed opposite to State Bank of India, Gunfoundry, Hyderabad arL I to handover vacant possession to the petitioners; a''d a further r irection to the respondents to pay outstanding arrears of rent of , . months from May, 2022 to November, 2022 along with inter,: ;r @ 24o/o per annum from the date of hling of the suit till ttL, date of final payment; and for other reliefs.

4. The suit is one which was filed more than thr ee vears back, i.e., in the year 2O22.

5. Learned counsel for the petitioners primarilv , ontended that at the time of filing suit they have also filed I.A.N< .1204 of 2022 under Order 9 Rule 7 of Civil procedure Code, I !) )g praying the court to give a direction to respondents to deposi alr arrears of rent a,d also to pay future rents. He further r ubmitted that though more tha, three years have lapsed since filL; Lg of the above LA. and counter affidavit had aiso been liled : r the learned counsel for the respondents in the said I.A., till nr w orders have not been passed by the Trial Court in the said LA ; and the said I.A. is still pending consideration by the Trial Courr.

6. Given the said facts and circumstances of the case, this Court at this juncture is of the considered view that the instant Civil Revision Petition stands disposed of by directing the Trial Court to dispose of LA.No.l2O4 of 2022 in O.S.No.5442 of 2022 pending on its file preferably within a period of (45) days from the date of receipt of copy of the order strictly in accordance with law after hearing both parties, since the regular court which is seized of the matter is lying vacant and in-charge arrangements have also been made. No costs.

7. , As a consequence, miscellaneous petitions pending, if any, shall stand closed. Sd/- L.VIJAYA LAXMI ASS STANT REGISTRAR //TRUE COPY// SE TION OFFICER The XX Junior Civil Judge, City Civil Court at Hyde bad One CC to Mr. R.A. Achuthanand, Advocate [OPUC Two CD Copies Kam/BA To,

J [k"

HIGH COURT DATED:3010112026

ORDER

CRP.No.4586 of 2025 DISPOSING THE CRP KS ^-ltl"-e : SIe t * TC r ( o(, 0 ( ,, 'l? 7ll.lf,

( t s t

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