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1981 Supreme(AP) 211

V.MADHAVA RAO
MIR YONSUF ALI KHAN – Appellant
Versus
ALTAFUNNISA BEGUM – Respondent


V. MADHAVA RAO, J.

( 1 ) THIS is a revision by the plaintiff against the order of the Second additional Judge, City Civil Court, Hyderabad, dated 13th August 1981 in i. A. No. 896 of 1981 in O. S. No. 123 of 1972, the Order impugned reads as under:"counter memo is filed. The petition will be considered after hearing the arguments in the main suit if it is found necessary, call on 18-8-1981. "

( 2 ) IT is not clear from the order impugned as to what is the petition and what is the counter. It is only stated that the petition would be considered after hearing the arguments in the main suit if it was found necessary. Mr. Syed Shah Mobd Quadri, learned counsel for the petitioner, submits that the plaintiff filed the petitition, I. A. 896/81 for summoning the file bearing Khata No. 89 from the office of Accountant General, khairatabad, Hyderabad. In support of the above Petition, an affidavit was filed wherein it is stated by the plaintiff that he filed the suit on the basis of the will executed by Khaiserunnisa Begum in his favour on 26-9-1960 which is marked Ex. A-1 and bears the left thumb impression of the said khaiserunnisa Begum in token of execution of the will and the attestation.








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