MOHD. MOIZUDDIN SIDDIQUI Vs. MOHD. FAKHRUDDIN SIDDIQUI

JUDGEMENT

(1.) This revision petition is filed against the orders in Memo (SR).No. 3335 of 2011 and Memo (SR).No.3623 of 2011 in I.A.No.60 of 1989 in O.S.No.276 of 1983 on the file of VII Junior Civil Judge, City Civil Court, Hyderabad.

(2.) The revision petitioner is the plaintiff. The Memo is filed by the plaintiff before the trial Court in O.S.No.276 of 1983, contending that the said suit is for partition and an ex parte preliminary decree was granted by the Court. Thereafter, an application i.e. I.A.No.60 of 1989 was filed under Order 26 Rule 13 seeking appointment of Advocate Commissioner for partition of the suit schedule property. Respondent No.8 in the I.A. was impleaded as petitioner as per the orders in C.R.P.No.3653 of 2003, dtd. 29/7/2003.

(3.) Initially, respondent No.8 filed an application under Order 1 Rule 10 of CPC seeking direction not to evict or dispossess her from mulgi No.11/1/1202, which is one of the items of suit schedule property and also sought for stay of all further proceedings in the final decree. The said petition was dismissed for default on 8/12/2000. Later, respondent No.8 filed another two petitions, one for restoration of the petition dismissed for default along with application for condonation of delay of 50 days in filing the restoration petition. The trial Court dismissed the delay condonation petition on 7/8/2001. Being aggrieved by the said order, respondent No.8 filed C.R.P.No.3653 of 2001 before this Court and the same was allowed on 29/7/2003. Basing on the directions issued in the said CRP, respondent No.8 was impleaded in I.A.No.60 of 1989. It is also pertinent to mention that though C.R.P.No.3653 of 2001 was filed by respondent No.8 being aggrieved by the dismissal of the delay condonation petition, the High Court has allowed the CRP by giving a finding that I.A.Nos.273 of 2001 and 100 of 1991 are allowed and the ex parte decree passed by the trial Court is set aside with a further direction to the trial Court to dispose of the main suit itself on merits after giving notice and reasonable opportunity to the parties concerned in accordance with law.