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2010 Supreme(AP) 961

RAJA ELANGO, A.GOPAL REDDY
Masarath Jahan Begum – Appellant
Versus
Smt Masood Hashin Ali – Respondent


Advocates Appeared:
Sri Bojja Tarakam, Senior Counsel & Sri Rakesh Sanghi, Advocates.
Sri P. Nageswar Sree, R17 - Government Pleader for Services-I,
Smt M. Bhaskara Lakshmi, Advocate, None appeared for remaining respondents.

Judgment :-

(Per the Hon'ble Sri Justice A. Gopal Reddy)

1. In this Writ Petition, the petitioner invokes the jurisdiction of this Court under Article 226 of the Constitution of India for setting aside the order dated 31.08.2009 passed in I.R.P.No.05 of 2009 by respondent No.18 i.e. the Ranga Reddy District Legal Services Authority, L.B.Nagar, and for a consequential direction to respondent No.18 to issue a Certificate under Section 13 of the Legal Services Authorities Act, 1987 (hereinafter referred to as - 'the 1987 Act') in her favour enabling her to institute a Suit for partition against respondent Nos.3 to 13 in accordance with the draft plaint submitted to the Legal Services Authority.

2. The facts, in brief, are that the petitioner filed a petition under Section 13(1) of the 1987 Act before respondent No.18 seeking legal aid by granting exemption of Court fee for an amount of Rs.14,65,355/- enabling her to institute a Suit for partition on the file of the District Court, Ranga Reddy District; that, according to her, O.S. No.42 of 1962 on the file of the I Additional Judge, City Civil Court, Hyderabad, was filed by her father late Hashim Ali Khan who died on 23.09.200; that in























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