M.A. MUJEEB Vs. HABEEB ALLADIN

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India questioning the order dated 25.01.2018 passed by the II Senior Civil Judge, City Civil Court, at Hyderabad, in I.A.No.47 of 2018 in I.A.No.1072 of 2011 in O.S.No.1050 of 1994.

(2.) The undisputed facts of the case, in brief, relevant for the purpose of disposal of the present revision petition, are that the 1st respondent/plaintiff filed a suit for partition of suit schedule property admeasuring 2110 square yards in the premises bearing Municipal No.6-2-37/A and B situated at A.C. Guards, Hyderabad, with metes and bounds. In the said suit, a preliminary decree was passed against defendants 1 to 10, by judgment and decree dated 06.04.2004. The petitioner in this revision petition was arrayed as 11th defendant in the suit. Alleging that he had entered into a collusive arrangement with the plaintiff's elder brother, based on which he attempted to interfere with the plaintiff's joint possession and enjoyment, the plaintiff also filed O.S.No.4661/1990 seeking permanent injunction from interfering with his possession.

(3.) The partition suit came to be allowed, and a preliminary decree was passed allotting respective shares between the petitioner and defendants 1 to 10. The respective shares are as under: