HAMEEDUNNISA BEGUM Vs. B.S.SARVOTHAM

JUDGEMENT

(1.) THIS revision arises out of the order, dated 03.09.2010, in I.A. No.530 of 2008 in O.S. No.20 of 2006 on the file of the Court of the VII Additional Senior Civil Judge, City Civil Court, Hyderabad, whereby and whereunder, the petition filed by the revision petitioners under Order VII Rule 11 read with Section 151 of Code of Civil Procedure (for short 'CPC') to reject the plaint in O.S. No.20 of 2006 in view of status quo and leave granted in S.L.P.No.21184 of 2004 by the Apex Court, was dismissed.

(2.) THE revision petitioners herein are the defendants and the respondent herein is the plaintiff in the suit O.S. No.20 of 2006. The suit is filed for perpetual injunction and mutation of the suit schedule property in Municipal records.

(3.) THE case of the revision petitioners is that the suit schedule property is part and parcel of the property in old Survey No.18 corresponding to new Survey No.24 of Daira (village), Himayathnagar Mandal, Hyderabad. The respondent is claiming the property in Survey No.19 at Kavadiguda which is 2 1/2 kilometers far away from the suit schedule property. The property of the revision petitioners is Inam land covered by Munthakab bearing No.3176/1312 Fasli. The certified copies of the said Inam have been filed which were issued by the Chief Commissioner. As per Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, the Inam Tribunal issued Occupancy Right Certificate and the same was confirmed by the Appellate Authority in favour of the revision petitioners. The predecessors of the revision petitioners and the revision petitioners have been in occupation and possession of the suit schedule property. The respondent is making false claim over the suit schedule property by creating false numbers though his property is situated elsewhere. The revision petitioners stated that the Apex Court granted status-quo and leave in S.L.P.(C) No.21184 of 2004 and the subject matter therein is covered by the suit schedule property. The matter is sub-judice before the Apex Court wherein leave is granted and Civil Appeal No.873 of 2007 is numbered. Therefore, the trial Court has no jurisdiction particularly as the respondent did not seek declaration of title.