ASMA HUSSAIN IQBAL HUSSAIN Vs. SAYYED KAMAL AHMAD

JUDGEMENT

(1.) These are three second appeals directed against a common judgment and order dated 15th January, 2007, passed by the learned Principal District Judge, Parbhani in two Regular Civil Appeals No. 168/2000 and 169/2000 and one more Regular Civil Appeal No. 89/2003 decided by a separate judgment on the same day, all arising out of three civil proceedings between the same parties in respect of the estate of deceased named one Iqbal Hussain, who died on 28.04.1991, resident of Lal Jinning Compound at Purna, District Parbhani.

(2.) In all these three proceedings before the Trial Court and the First Appellate Court below, parties had agreed by a pursis for recording evidence in common, and for reading the same in all these proceedings for deciding their respective claims in the counter suits and appeals as well. Consequently, the dispute being one referring the estate of Iqubal Hussain and the same involves common question of law and facts resulted in a common decision of similar issues and points raised throughout in proceedings. So also before this Court in Second Appeals.

(3.) The appellant namely Asma Hussain firstly applied, for succession certificate as widow and legal heir of deceased Iqbal Hussain, then jointly with her son namely appellant Ajmal Hussain and married daughter Salmabanu, all appellants filed suit for declaration and injunction as legal heirs, so as to claim to the property both movable and immovable of the deceased which includes suit property namely survey No. 16, 16/1, 16/2, 17/1 and 17/2 situated at Purna, District Parbhani, within the limits of Purna Town and also sanctioned layout of survey No. 16.