IMPORTANT POINT
IMPORTANT POINT
The court emphasized the necessity of allowing parties with substantial interest to join ongoing litigation to ensure effective adjudication and avoid multiplicity of proceedings.

ORDER :

1. Civil Revision Petition No. 2871 of 2023 is filed against the order dated 24.03.2023 passed in I.A. No. 920 of 2022 in O.S. No. 5427 of 2007 on the file of the VII Junior Civil Judge, City Civil Court, Hyderabad.

2. Civil Revision Petition No. 1692 of 2023 is filed against the order dated 23.03.2023 passed in I.A. No. 12 of 2023 in O.S. No. 5427 of 2007 passed by the VII Junior Civil Judge, City Civil Court, Hyderabad.

3. An application in I.A. No. 920 of 2022 is filed by the petitioner under Rule 10 of Order I read with Section 151 of CPC to implead the petitioner as plaintiff No. 8 in O.S. No. 5427 of 2007.

4. An application in I.A. No. 12 of 2023 is filed by the petitioner under Rule 10 of Order I read with Section 151 of CPC to implead the petitioner as defendant No. 9 in O.S. No. 5427 of 2007.

5. Both the applications are filed by different petitioners in the same suit and this Court finds it reasonable to pass a common order in both the applications.

6. O.S. No. 5427 of 2007 is filed for cancellation of sale deed vide document No. 2453 of 1960 dated 14.10.1960 for ancillary relief of possession. Plaintiff stated that late Omar Bin Awad Award AAqqiti @ Shamsheer Nawaz Jung during his life time purchased a garden property named as Machalk Cheruvu House along with tiled roof and one water well to an extent of Ac. 2.34 guntas in Survey No. 78/3 (old) corresponding to New survey No. 106 situated at Shaikpet Village and Mandal, Hyderabad under registered Sale deed bearing Document No. 508/1339 Fasil dated 13th Isfandar 1339 Fasli Correspondent to 1929 A.D from Hashmat Bee, which is hereinafter called as the suit property and described more in detail in the schedule attached in this Suit. It was further submitted that Omar Bin Awad Al-Aqquiti who is also known as Nawab Shamsheer Nawaz Jung S/o Late Nawab Sultan Nawaz Jung, Shamsheer Ul Mulk, executed a Registered Gift Deed bearing No. 36 of 1345 Fasli (corresponding to 1935 A.D.) on 8th Azur 1345 Fasli of R.O. Hyderabad in favour of his 4th son Awad Bin Omar, who was minor at the age of 14 years and was under the guardianship of his real elder brother Hussain Bin Omer. It is further stated that Sri Awad Bin Omar died on 23.11.1988 as per the death certificate No. 355 dated 30.12.1988 issued by MCH leaving behind the plaintiffs as his legal heirs, legal representatives and successors. It was further contended that, as per encumbrance certificates No. 2199/2006 dated 18.03.2006 and No. 17445/2005 dated 29.10.2005. It was further contended that there is no sale, gift and will deed executed by Awad Bin Omar in respect of the above said property. As such, the above said property still stands in the name of Awad Bin Omer till to date. Therefore, the plaintiffs have inherited the properties by virtue of succession and thus became absolute owners of the suit property. It was further submitted that the late Awad Bin Omar was minor and was under the guardianship of his brother Hussain Bin Omar when the Gift Deed was executed. The said document remained in the custody of the brother Hussain Bin Omar who neither delivered the Gift deed nor disclosed above the Gift Deed in his life time. As a result, late Awad Bin Omar was totally unaware about the property gifted to him. The said fact of the Gift Deed was subsequently brought to the notice of the plaintiffs by one of their close relatives hereby the plaintiff No. 5, Ali Bin Awad obtained certified copy of the Gift Deed from the District Registrar Office, Hyderabad on 21.12.2004. Similarly, the 5th plaintiff also obtained certified copies pertaining to succession enquiry of Shahazadi Begum conducted by the Nazim Atiyal. After securing the records, the 5th plaintiff made an application on 17.02.2006 to the Collector, Hyderabad to mutate the names of the plaintiffs in the revenue records and also to issue NOC. During the course of enquiry, spot inspection was conducted by the Revenue Authority and it was found that the defendants are in