VIKARUDDIN ALI KHAN Vs. SYED ABDUL MAJID

JUDGEMENT

(1.) This C.M.A arises out of an order, passed by the Court of I Additional Senior Civil Judge, City Civil Court, Hyderabad, rejecting an application filed under Rule 90 of Order XXI C.P.C. The facts, which gave rise to this C.M.A, are as under:

(2.) O.S. No.790 of 1984 was filed in the Court of I Additional Senior Civil Judge, City Civil Court, Hyderabad, by one Seshi Kumar Mohatta, the 5th respondent herein, against Mir Ibrahim Ali Khan (deceased 6th respondent), for recovery of a sum of Rs.4,43,430/-. The first appellant appears to have been shown as Defendant No.2, more in his capacity as G.P.A, and not as an independent debtor or guarantor. During the pendency of the suit, 6th respondent died and his legal representatives, Respondents 7 to 14 herein, were brought on record as Defendants 2 to 9. The suit was decreed on 27.8.1991. The name of the first appellant was not shown as a judgment debtor; in the decree. The Respondents 7 to 14 alone, figured as judgment debtors therein.

(3.) In the meanwhile, disputes arose between the first appellant on the one hand, and the Respondents 7 to 14, on the other hand. According to the former, the 5th respondent executed an agreement of sale in his favour, to sell various items of property, forming part of an estate, known as 'Narayanguda Maktha', and thereafter, a G.P.A was also executed in pursuance of the sale. He stated that the Respondents 7 to 14, the legal representatives of Respondent No. 6, have admitted and affirmed the agreement of sale, after the death of their father, and have also executed an independent agreement G.P.A. on same terms. When he apprehended that the Respondents 7 to 14 were about to cancel the G.P.A., he filed O.S. No.211 of 1993, in the Court of XIII Asst. Judge, City Civil Court, Hyderabad. The suit was partly decreed by the Trial Court through its judgment, dated 17.4.1998. Further relief was granted to him in A.S. No.182 of 1998 filed in the Court of III Additional Chief Judge, City Civil Court, Hyderabad.