KISHWARI BEGUM Vs. QUADIRI BEGUM

JUDGEMENT

(1.) Civil Miscellaneous Appeal Nos. 192/1973, 84 of 1974 and 119 of 1976 were disposed of by a Bench consisting of Sri S. Obul Reddi, C. J., and one of us (Jeevan Reddy, J.) under the judgment and decree dated 17-3 1976. All the three C.M.As. were allowed and certain directions were given by this Court. The main idea behind the several directions given, was that there should be a re-survey of the entire extent of land in possession of each of the share-holders (appellants in C.M.A. No. 192/73 and 8 /1974) after notice to all the concerned parties, for determining the excess land, if any, in possession of each such shareholder, as per the terms of the compromise decree passed by this Court in C.C.C.A. No. 7 of 1957 and A.S. No. 52 of 1956, dated 29-4-1960. If any excess was to be found, the same was to be delivered into the possession of Smt. Ahmedibegum and Smt. Khadri Begum in accordance with the said compromise decree. To enable the survey to be carried out at an early date and without any undue delay, this court directed the parties to deposit certain amounts towards the cost of the said survey. Direction No. (2) (hereinafter referred to as clause (2) is relevant for the purpose of the present C.M.Ps. and has, therefore, to be set out:-

(2.) It appears that, in accordance with the above directions appellants in C.M.A. No. 84/1974 deposited their share of Rs. 5,000/- within the prescribed period, but the appellant in C.M.A. No. 192/1975 could not do so. He applied for extension of time for such deposit in C.M.P No. 5068 of 1976 and this court extended the time for deposit of his share of the amount, until the end of July, 1976. Even within the said extended time he could not deposit his share of the amount. Thereupon, the court below proposed to treat both the appeals, C.M A. Nos. 192/1973, and as well as 84/1974, as having stood dismissed by virtue of the above clause (2). In other words, the third paragraph in clause (2) was construed as meaning that, for default of either of the appellants, both the appeals shall stand dismissed. When the appellants in C.M.A. No. 84/1974 came to know of the said position, they approached this court by way of C.M.P. Nos. 10356 and 10357 of 1976. The first petition is for a clarification of paragraph 3 in clause (2 . They want this court to clarify that the default of the appellant in C.M A. No. 192/1973 shall not, in any manner, affect them, so long as they continue to comply with the directions given by this court. In the other petition, they have expressed their readiness to deposit the balance amount of Rs 5,000/- due on account of the appellant in C.M.A. No. 192/73 also, so that the survey can proceed. This petition is filed to show their bonafides and their interest in compliance with the orders of this court. These petitions are filed U/s 151 C.P.C. During the course of arguments, however, Section 148 C.P.C. was also relied upon. C.M.P. No. (S.R 68047/1976) has been filed by the appellant in C.M.A. No. 192/73 for further extension of time for depositing his share of the amount, till the end of November, 1976.

(3.) Counters to the said petitions have been filed by Sri M S Narayanacharyulu, the learned counsel for Smt. Ahmedi Begum and Smt. Khadri Begum. We have heard the parties at length.