1. This application is filed to implead the applicant herein Syed Mujtaba Ali as respondent No.266 in Appln.No.455 of 2009 in CS.No.7 of 1958 on the file of this Court.

BRIEF BACKGROUND HISTORY:

2. CS.No.7 of 1958 is a suit for partition and separate possession of the Matruka properties of Paigah Asmanjahi filed by Smt. Sultan Jahan Begum, D/o.Moinuddowla Bahadur against Nawab Zahir Yar Jung Bahadur and others. It was initially filed before the City Civil Court at Hyderabad but was later transferred to the High Court.

3. The matter was ultimately compromised and IA.No.126 of 1958 was filed by the parties under Order XXIII Rule 3 CPC to pass a decree in terms of the compromise. On 06.04.1959, a preliminary compromise decree was passed.4.In this application, we are concerned with Item No.236 of ‘A’ schedule to the said preliminary decree, i.e., Somajiguda Maktha.

5. Clause 4(g) of the preliminary decree provided as under :

“for the purpose of effecting the distribution of the properties among the persons entitled thereto, the Commissioner receivers shall have powers to sell the said properties by public auction and exercise all powers necessary for effecting the division of the