AMINA BEE DIED Vs. AISHA KHATOON

JUDGEMENT

(1.) The petitioners/plaintiffs preferred the present revision petition aggrieved by the order dated 9-3-1993 passed in I,A.No.859/1988 in O.S.No.7/1973, by the IV Additional Judge, City Civil Court, Hyderabad, in ordering the application filed by the respondents/defendants herein purporting to be under Order 6 Rule 17 read with Section 152 of the Code of Civil Procedure.Brief Facts :

(2.) Defendant Nos.1 to 9 in O.S.No.7 of 1973 on the file of the IV Additional Judge, City Civil Court, Hyderabad, filed an application seeking amendment of the preliminary decree dated 21-6-1978 and the warrant issued to the Commissioner correcting the House Number as 23-2-145/1 instead of H.No.23-2-145 as shown in the preliminary decree. The petitioners/plaintiffs filed the suit for partition of Mathruka properties of one late M-A. Lateef and the trial Court after elaborate consideration of the matter decreed the suit for partition of Mathruka properties and a preliminary decree has been passed on 21-6-1978" in respect of the suit schedule property. The petitioners herein preferred CCA No. 109/79 questioning the Judgment and decree in OS.No.7/73 and the same has been partly allowed by this Court on 6-2-1986. The Letters Patent Appeal preferred has been dismissed confirming the Judgment and decree passed by the learned single Judge in C.C.C.A.No. 109/79. However, it is brought to my notice that the special leave petition preferred against the said order in L.P.A., has also been dismissed by the Supreme Court.

(3.) In the final decree proceedings Sri Viskwanatha Rao Jadhav, Advocate has been appointed as Commissioner for dividing the suit schedule properties by metes and bounds. The Commissioner is stated to have visited, for the purpose of inspection and taking measurements of the items - House bearing No.23-2-145, situated at Mogulpura, Hyderabad and at the time of inspection, some of the parties arc stated to have raised objection stating that the said house is not the one bearing No.27-2-145; but, it is the house bearing No.23-2-145/1. The Commissioner is stated to have submitted a report to that effect. It is at this stage, the respondents-defendants preferred the application for amendment of the preliminary decree dated 21-6-1978, to correct the house number as 23-2-145/1 instead of2-3-145.