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1981 Supreme(AP) 273

A.SEETHARAM REDDY
ZAHIRUDDIN SHAW KHADRI – Appellant
Versus
ABDUL SATTAR SHAW KHADRI – Respondent


A. SEETARAM REDDY, J.

( 1 ) THE petitioner seeks a revision of the Older made by the first appellate Court made in A. S No. 38/81 over-ruling the objections raised by the judgment-debtor and ordering for necessary further steps to be taken for execution of the decree and delivery of the property in pursuance thereof.

( 2 ) THE relevant facts in proof are that the respondent herein filed o. S. No. 65/66 for a declaration that he is the Muthavalli of Darga and has the right to manage the said properties and also for the delivery of the possession of the properties mentioned therein. The suit was, however, dismissed. Aggrieved by ihe same the re pendent preferred an appeal A. S. No. 228/1969 on the file of this Court, which was allowed on 22-2-1971 declaring the plaintiff, who is the respondent herein, as the Mutbavalli of the Darga and has a right to manage the wakf properties. Aggrieved by that the petitioner herein filed L. P. Appeal No. 98/71 which was, however, dismissed by a Division Bench of this Court on 9-7-1971. Subsequent to the dismissal, the respondent-decree holder filed C. M. P. No. 10167/72 for the amendment of the decree before a single Judge who had allowed the appeal








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