NSS NARAYANA SARMA Vs. GOLDSTONE EXPORTS P LIMITED

JUDGEMENT

(1.) Leave is granted in all the SLPs

(2.) The Judgment rendered by a Division Bench of the Andhra Pradesh High Court on 10th November, 1998 disposing of a batch of appeals filed under Clause 15 of the Letter Patent, against the Judgment of a single Judge is under challenge in these appeals. Since common questions of fact and law were raised by the parties in all the cases the High Court disposed of the appeals by a common Judgment. The dispute relates to a property extending over 196.20 guntas under Survey No. 172 of Hydernagar village. The contest is between two sets of transferees of the property while the appellants claim to be transferees of holders of pattas issued in their favour by the Pygah Committee of Nawab Khurshed Jah Pygah, the respondents trace their title to transfers by some decree-holders in the suit. The objections filed by the appellants under Order 21, Rule 99 read with Rule 101 of the Civil Procedure Code (for short 'the CPC') having been dismissed by the High Court as non-maintainable, the appellants are before this Court assailing the Judgment of the High Court.

(3.) The genesis of the proceedings leading to the present cases shorn of unnecessary details, may be stated thus :- One Dildar Unnisa Begum filed OS. No. 41/1955 in the City Civil Court, Hyderabad against the defendants for a decree of partition of the suit properties which according to the plaintiff were Matruka property of the late Nawab Khurshed Jah Pygah. The High Court transferred the suit to its file and on such transfer the suit was re-numbered as C.S. No. 14 of 1958. A preliminary decree was passed in the suit on 28th June, 1963 on the basis of the compromise entered into between the parties. No appeal having been filed against the preliminary decree it attained finality. The subject matter of the present proceeding is included as Item No. 38 of Schedule IV of the plaint. Item No. 38 corresponding to Survey No. 172 of Hydernagar village to an extent of 196 acres 25 guntas, was allotted to plaintiff No. 2/defendants Nos. 27, 50, 51, 52, and 116 in the preliminary decree. In pursuance of the preliminary decree the High Court appointed a Commissioner for division of the property in terms of the decree.