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2024 Supreme(Telangana) 240

P. SAM KOSHY
Mohd. Mujthaba Ali – Appellant
Versus
Mohd. Murtuza Ali – Respondent


Advocates Appeared:
For the Appellant : Mr. B.Chandrasen Reddy
For the Respondent: Mr. Mohd. Murtuza Ali, Ms. Vedula Chitralekha,

ORDER :

The instant Civil Revision Petition under Article 227 of the Constitution of India has been filed by the petitioners assailing the order dated 04.10.2023 passed by the Court of the IX Additional Court Chief Judge, City Civil Court, Hyderabad (for short, ‘the Court below) in I.A.No.775 of 2023 in O.S.No.19 of 2003.

2. Heard Mr. B.Chandrasen Reddy, learned Senior Counsel for the petitioners, Mr. Mohd. Murtuza Ali, party-in-person for respondent No.1, and Ms. Vedula Chitralekha, learned counsel for the respondent Nos.3, 7, 8, 12, 16, 18, 19 and 20 to 23.

3. Vide the said impugned order, the Court below has allowed the petition filed by the plaintiff under Section 2 of the Partition Act read with Section 75 of CPC vide I.A.No.775 of 2023. While allowing the said I.A., the Court below allowed appointment of an Advocate Commissioner to sell the schedule A and schedule B properties by way of public action.

4. The brief facts relevant for disposal of the instant Civil Revision Petition are that the plaintiff had filed O.S.No.19 of 2003 seeking for partition so far as schedule A and schedule B properties are concerned. The aforesaid Suit was decreed in favour of the plaintiff vide judgm

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