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2013 Supreme(AP) 1174

G.ROHINI
Mohd. Afzaluddin Ahmed – Appellant
Versus
Trustees Board Mahdavia Club Rep. by its Hony. Secretary Syed Shakeel Ahmed – Respondent


Advocates Appeared:
For the Petitioners:K. Sesharajyam, Advocate.
For the Respondents:R1, Mohd. Adnan, Advocate.

Judgment :

The revision petitioners are the defendants 1 and 2 in O.S.No.2160/2011 on the file of the Court of X Junior Civil Judge, City Civil Court, Hyderabad.

This revision petition is preferred aggrieved by the dismissal of I.A.No.499/2013 filed by the revision petitioners / defendants 1 and 2 with a prayer to conduct denovo trial in the main suit.

I have heard the learned counsel for both the parties.

As could be seen from the material available on record, the 1st respondent herein is the plaintiff and the suit is filed against the revision petitioners and the respondents 2 and 3 herein for ejectment of the defendants and for recovery of possession on the plaint schedule property as well as mesne profits. Admittedly the proceedings were initially initiated before the Wakf Tribunal since the suit schedule property is alleged to be the Wakf property and it was numbered as O.S. No.69/2009 on the file of the Wakf Tribunal. The defendants 1 and 2 / revision petitioners contested the said proceedings by filing written statement and while the evidence on behalf of the plaintiff was in progress the plaint was returned for resubmission before the competent Civil Court following the decisio











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