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 same between among defendants Nos.2 to 12 and 14 to 22 each son getting 2/33rds and each daughter getting 1/33rds share in the properties mentioned in schedule ‘A’ except items 230 to 254 of this schedule and the items of properties allotted to the plaintiff. Defendants Nos.2 to 22 will get their share, namely each son getting 2/35 and each daughter getting 1/35 from the arrears of income, future income, compensation or commutation or sale proceeds of the items 230 to 254 of Schedule ‘A’ detailed under the head of “Makhtas” in case the same are restored or released in favour of Paigah Asman Jahi.”

This was incorporated as the items mentioned in item Nos.230 to 254 were properties claims in respect of which were pending adjudication before the Board of Revenue in an appeal against an order passed under the Andhra Pradesh (Telangana Area) Atiyat Enquiries Act, 1952.

6. Appln.No.455 of 2009 has been filed by the legal representatives of defendant Nos.2, 3, 4, 5, 6, 7, 9, 10, 11, 17, 18 and defendant Nos.19 to 22 for passing a final decree in respect of item No.236 of Schedule ‘A’ of the preliminary decree dt.06.04.1959 in CS.No.7 of 1958 in particular – in respect of Sy.Nos.1 to 40 of Somajiguda Village, Ameerpet Mandal, Hyderabad District, by declaring the shareholders as the absolute owners thereof.

7. It is pertinent to note that in the preliminary decree only “Somajiguda” was mentioned at Item No.236 as a Maktha in Schedule ‘A’ thereto. There is no mention of Sy.Nos. or boundaries in the preliminary decree.

8. Even in Appln.No.455 of 2009, the application seeking passing of final decree, boundaries or extent of the land in Item No.236 are not given.

APPLN.1456-1458/2000

9. Appln.No.1456 to 1458 of 2000 were filed on 25.09.2000 by A.P. Policemen Mutually Aided Co-operative Housing Society Ltd. to implead them in CS.No.7 of 1958; to recognise the assignment deed dt.16.09.2000 in their favour; and to direct the Mandal Revenue Officer of Somajiguda and Asifnagar and the District Collector, Ranga Reddy District to mutate their names in respect of the lands situated in Somajiguda.

10. They were disposed of on 10.10.2000 along with Appln.Nos.1462 to 1464 filed in respect of other Makthas covered by the preliminary decree as follows :

“The parties to the applications are present in person and their Advocates are also present. The Counsel for the first respondent and first respondent present in the Court stated that they have no objection for allowing the applications. Hence the applications are allowed.”

THE DIVISION BENCH ORDER IN OSA.No.30 and 31/2003, ETC :

11. The applicant herein Syed Mujtaba Ali challenged the above order in Appln.No.1456 of 2000 in OSA.Nos.30 of 2003 and the order in Appln.No.1457 of 2000 in OSA.No.31 of 2003 before a Division Bench of this Co