( 1 ) THE instant appeal, after having obtained the leave of this Court, is sought to be filed assailing para 15 (8) of the Judgment and condition 8 of the decree alone passed by the learned Chief Judge, City Civil Court, Hyderabad, inter alia in his common Judgment and decrees in O. S. No. 154 of 2003 and o. S. No. 181 of 2003. The appellant is a third party to the suits. The first respondent herein filed the suits O. S. No. 154 of 2003 and O. S. No. 181 of 2003 for declaring the action of the trustees of the second respondent trust in declaring the third respondent, prince Shahmat Ali Khan as the sole and only legal heir of Prince Muazzam Jah bahadur as null and void; and for declaring her as one of the legal heirs of late Prince Muazzam Jah Bahadur being the eldest daughter through second wife and for consequential permanent injunction. Defendants 1 to 4 in the suit are respondents 2 to 5 herein. At the culmination of trial and after having heard either side, the learned chief Judge eventually dismissed both the suits with exemplary costs. Inter alia in sub-para 8 of para 15 of the Judgment the learned Judge directed the special Executive Magistrate, Hyderabad, to handover the suit schedule mentioned property ( herein after referred to as the property in dispute ), forthwith to the third defendant who is the General Power of Attorney of the second defendant as per the procedure. The same direction having been incorporated in the decree drafted in conformity with the direction in the Judgment, the appellant is assailing only that part of the judgment and decree. The appellant has no interest whatsoever in the merits of the case or in the contentious issues in between the eo-nominee parties to the suits. Indeed the plaintiff who lost both the suits did not choose to file any appeals assailing the Judgment and decrees and consequently they attained finality in between the parties thereto. As a matter of that the appellant is not a party to any of the proceedings that preceded the proceedings in O. S. No. 154 of 2003 and O. S. No. 181 of 2003 in between the parties thereto. The appellant which claims to have been in possession of the property in dispute pursuant to an agreement of sale said to have been executed by the second respondent trust in its favour, having felt aggrieved by the impugned direction directing the Executive Magistrate, Hyderabad, to handover the property in dispute forthwith to the third defendant in those suits, which direction affects his rights over the said property, seeks to contend that such a direction was not germane having regard to the nature of the suits and the contentious issues raised therein by either of the parties thereto. On the premise that such a relief was not sought for by either of the parties to the proceedings and such a relief in fact could not have been granted while dismissing the suits in favour of the third defendant, particularly when no relief was claimed and no Court fee was paid in respect thereof in both the suits by the defendants by means of any counter-claim, the appellant seeks to file the instant appeal after having sought the necessary leave of the Court. The leave initially granted by a bench of this Court was sought to be assailed before the Apex Court by filing a special leave petition which eventually ended in dismissal.

( 2 ) FOR brevity and better understanding of the matter it is expedient to notice certain facts in retrospect. H. E. H. The Nizam VII Sir Mir Osman Ali Khan bahadur executed as many as 28 trust deeds. Validating the said trust deeds the nizam Trust Deeds (Validation) Act, 1950 was passed. The Governor General of india was a party to those trust deeds. In the Schedule appended to the said act, all the 28 trusts were enumerated. The trust deeds enumerated as items 1 to 4 inter alia in the Schedule are germane to the matrix of the case. As per the terms incorporated inter alia in those trust deeds late Nizam VII and his trustees were obliged to de

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