SYED ZAHID ALI Vs. SYED HASSAN

JUDGEMENT

(1.) Ms. Manjiri S Ganu, learned counsel representing Applicants and Mr. G. Ananadam appearing for the respondents.

(2.) This Application is filed under Sec. 151 of Civil Procedure Code seeking to declare the preliminary decree passed under the garb of fake and false theory "Salar Jung Died issueless and he was unmarried" of the alleged residues and alleged compromise preliminary decree as not executable. The prayer sought in this Application is extracted for reference:

(3.) The Petitioner No.1 represents the petitioner No.2, who is son of petitioner No.1. It is the case of the Applicants that they claim to be the legal heirs of one Muneerunnissa Begum, who was declared as the legal heir of one Zainab Begum, daughter of the Late Nawab Mir Yousuf Ali Khan Salar Jung III, by virtue of decree dtd. 7/4/1999 in O.S.No.168 of 1998 in the Family Court, City Civil Judge, Hyderabad. An Impleading Application No.562 of 2013 was filed in the Suit in C.S. No.13 of 1958 and was allowed by the High Court on 20/6/2014 observing that the Applicants No.1 and 2 are necessary parties to the said suit. The Applicants and two daughters were declared as class one legal heir and successor of Late Nawab Mir Yousuf Ali Khan Salar Jung Bahadur III vide Succession order dtd. 18/4/2020 in Suit No.M.A.R.J.I.197 of 2020 in the Court of Civil Judge, Senior Division, Aurangabad.