THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

ORDER:

This Writ Petition is filed seeking the following prayer:

“…to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent No.3 and 4 in not deleting the entries in the office register relating to sale deed bearing doc. No.1600/2010 dated 12.05.2010 and Revocation of Gift Settlement Deed bearing doc. No.1007/2010 dated 25.03.2010 against the Petitioners property bearing No. H.No.13-1-297/A, admeasuring 266 sq. yards,situated at Razdakhanpet, Mangalhat, Hyderabad in lieu of Judgement and Decree dated 29.01.2016 passed in O.S.No.2113 of 2016 by the Honble XVII Senior Civil Judge, City Civil Court, Hyderabad by declaring the aforesaid documents as null and void and also without considering the Petitioners representation dated 09.10.2023 as illegal, null and void and against the principles of natural justice and consequently direct the Respondent No.3 and 4 to duly consider the representation dated 19.10.2023 and delete the entries in the office register relating to sale deed bearing doc. No.1600/2010 dated 12.05.2010 and Revocation of Gift Settlement Deed bearing doc. No.1007/2010 dated 25.03.2010 against the Petitioners property bearing No. H.No.13-1-297/A, admeasuring 266 sq. yards, situated at Razdakhanpet, Mangalhat, Hyderabad pending disposal of the present writ petition, in the interest of justice.

2. O.S.No.2113 of 2011 came to be filed by the petitioner in the present Writ Petition (Aijaz Sultana) who’s the plaintiff before the XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, seeking a declaration that she is the absolute owner and possessor of the suit schedule property and the document of cancellation of gift settlement deed bearing document No.1007 of 2010, dated 25.03.2010 and sale deed bearing No.1600 of 2010, dated 12.05.2010 as illegal, null and void and not binding on the plaintiff and also for perpetual injunction restraining the defendant from interfering into the peaceful possession and enjoyment of plaintiff and also illegally dispossessing plaintiff from the suit schedule property and also restraining the defendant from alienating the suit schedule property.

3. O.S.No.1231 of 2012 came to be filed by Aijaz Sultana/plaintiff (petitioner in present WP) before the XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, seeking for the declaration of the order of eviction in Rc.No.19 of 2012, dated 13.04.2013, on the file of I Additional Rent Controller, Hyderabad, is illegal, null, void and unenforceable.

4. By judgment and decree dated 29.01.2016, learned XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, held as follows:

"31. As issue No.1 to IV in O.S.No.2113 of 2011 and Issue No.1 in O.S.No.1231 of 2012 are answered in favour of the plaintiff and as Issue No.IV in O.S.No.2113 of 2011 and Issue No.Il to IV in O.S.No. 1231 of 2012 are answered against the Defendant No.1, I am of the opinion that the suits of the plaintiff in O.S.No.2113 of 2011 and O.S.No. 1231 of 2012 are liable to be decreed as prayed for.

In the result, the suit of the plaintiff in O.S.No.2113 of 2011 is decreed that the plaintiff is the owner and possessor of the suit schedule property and also by declaring that the document of cancellation of gift settlement of 2010 dated deed bearing 25.03.2010 and No.1007 document of sale deed bearing No. 1600 of 2010 dated 12.05.2010 executed by Smt.Badrunissa Begum as illegal, null, void and not binding on the plaintiff and also granting perpetual injunction restraining the defendant from interfering with the possession and enjoyment of the plaintiff over the suit schedule property. The suit of the plaintiff in O.S.No.1231 of 2012 is decreed declaring that the order of eviction in R.C.No.19 of 2012 dated 13.04.2012 passed by I Addl. Rent Controller, Hyderabad is void and unenforceable. In the circumstances of the case and relationship between the parties n