FATIMA SULTANA BEGUM Vs. J EASHWARPRASAD

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the 6th defendant in O. S. No. 18 of 1962 on the file of the learned Chief .'udge, City Civil Court, at Hyderabad, against the order dated 14-12-1973 dismissing I A No. 2179 of 1973 filed by the appellant, as not maintainable in law. It is necessary to state a few facts for appreciating the question at issue.

(2.) One Sajid Yar Jung died leaving a will, where under he bequeathed 1/3 interest in his properties in favour of respondents 15 to 21 in this appeal. He had two sons, namely, (i) Kazim Nawaz Jung respondent No. 21 and (ii) Askar Nawag Jung (the predecessor-in interest of respondents 23 to 34) Respondents 43 to 47 are the daughters of the deceased while respondents 35 to 42 are his creditors. Respondents 1 & 2 are the joint receivers appointed in the said suit by the Court below, while respondents ' to 1,4 are the purchasers of a building known as "Woodcock Hall" at Ooty. The appellant herein is one of the daughters of the deceased, who was impleaded as defendant No. 6 in the suit.

(3.) O.S.No. 18/1962 was an administration suit filed under Or. XX, R.13, CPC. A preliminary decree was passed on 11-3-1964 whereunder one Sri K. Niladhri Raju, Advocate, was appointed the Receiver to carry out the several directions given there under. An appeal, C.C.C.A.No. 22/1964 was filed against the said preliminary decree in this court. in appeal, there was a compromise between all the parties in the suit and an interim final decree was passed on 27-6-1964. Under this compromise interim final decree, Sri K. Niladhiri Raju was discharged and the two sons of the deceased, namely, Kazim Nawaz Jung and Askar Nawaz Jung, as well as the 2nd plaintiff in the suit 'Respondent No. 16 in this appeal) were appointed as Joint Rrciver Paragraphs 6 & 8 of the said decree are relevant for our purposes and may, therefore be extracted in full.