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1974 Supreme(AP) 168

S.MADHUSUDAN RAO, S.OBUL REDDY
Nawab Mir Barkat Ali Khan – Appellant
Versus
Nawab Zulfiquar Jah Bahadur – Respondent


MADHUSUDAN RAO, J.

( 1 ) THIS is an appeal against an order of injunction pendente lite passed by the learned Additional Chief Judge-cum-Special Judge for SPE cases. City Civil Court, Hyderabad in I. A. 41/73 in O. S. 8/72. The appellant is the first respondent in the Interlocutory Application and the first defendant in the suit. The respondents 1, 2 and 3 are the petitioners before the lower Court and they are the defendants 5, 6 and 9 in the suit. The other respondents 4 to 6 are the three plaintiffs who instituted the Suit O. S. 8/72. For the purpose of convenience the parties will be referred to in this judgment by their positions in the suit.

( 2 ) THE facts which led up to this appeal are as follows: The late Nizam of Hyderabad nominated his grandson, the 1st defendant, before his death as successor-Ruler of the State of Hyderabad and sought the necessary recognition of the Government of India. A certificate of Recognition in favour of the 1st defendant as the Ruler of the State of Hyderabad was issued by the Government of India with effect from the 24/02/1967 -- the date on which the Nizam died. Soon after the death of the Nizam, the first defendant came into possession of a























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