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1969 Supreme(AP) 160

ALLADI KUPPUSWAMI, A.V.KRISHNA RAO
Nizam Mir Barkat Ali Khan – Appellant
Versus
Mirza Nazir Ali Baig – Respondent


KUPPUSWAMI, J.

( 1 ) THE 1st respondent herein obtained a decree for a sum of rs, 80000/- against Asifunnisa Begum in O. S. 2 of 1962 on the file of the Chief Judge, City Civil Court, Hyderabad at Secunderabad on the foot of an award made on a private reference. When execution was pending, the judgment-debtor died on 26th December, 1965. Thereupon the petitioner desired to bring on record H. E. H. the Nizam nawab Mir Osman Ali Khan, the former Ruler of Hyderabad on the ground that he was the brother of the Judgment debtor and that as he was in possession of the properties of the Judgment-debtor he was her legal representative; The late H. E. H. the Nizam raised an objection that the respondent herein could not proceed against him in execution without the consent of the Central Government. That objection was overruled, and the late Nizam preferred C. M. A. 403/66 to this Court. During the pendency of the said appeal, the late Nizam died, and this Court dismissed the appeal observing that it would be open to the legal representatives of the late Nizam to take whatever grounds that are open to them when they are sought to be brought on record in the lower court, The 1st respondent her

















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