GOVGERMENT OF A P Vs. R BRAHMARAMBA

JUDGEMENT

(1.) these applications are filed under rules 99 to 101 of order xxi, read with Section 151 civil procedure code (c.p.c), to set aside the Order, dated 11.9.2002, passed by this court, in application Nos.989 and 990 of 2002, in c.s. No. L4 of 1958.

(2.) the petitioners are the government of a. P., represented by the district collector, Hyderabad and commissioner of prohibition and excise, government of A.P. the facts that lead to filing of these applications may briefly be stated as under: in c.s.No. 14 of 1958, on the file of this court, one of the lineal descendants of khurshid jahi paigah claimed the relief of partition of the matruka properties of her ancestor. These properties comprised of jewellery, bungalows with surrounding lands, ' and vast extents of lands in makthas and jagirs, in and around the city of hyderabad. A preliminary decree was passed on 8.6.1963, on the basis of the compromise entered into between some of the parties, as well as certain findings recorded by this court.

(3.) h.e.h. the ni/am and one Mr. Khazim nawab jung purchased the undivided shares of several parties to the suit. The transfer in their favour was recognized and they were impleaded in the suit as defendant Nos. 156 and 157. Subsequently, h.e.h. the nizam, transferred his undivided share in favour of dinshaw limited, which was later known as M/s cyrus investments limited, the 5th respondent herein. The assignment / transfer in favour of the 5th respondent was also recognized and it was impleaded as defendant No.206.