IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR

PRESENT THE HONOURABLE SMT JUSTICE MOUSHUMI BHATTACHARYA AND THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI

CIVIL MISCELLANEOUS APPEAL NO: 634 OF 2023

Appeal Under Order 43 Rule 1 of C.P.C. aggrieved by the Order dated 26-07-2023 in I.A.No. 1775 of 2022 in O.S.No. 532 of 2022 on the file of the Court of the XXVI Additional Chief Judge, City Civil Court at Hyderabad.

Between:

• 1. Mrs. Syeda Durdana, W/o. Syed Hindayathullah Sahab D/o. Late Syed Pasha Hussain, aged about 57 years, occ. Housewife, R/o. H.No. 7-538, Mohammed Hayath Masjid, Imli Mohalla, Mominpura, Gulbarga, Karnataka State.
• 2. Mrs. S. Farzana, W/o. S.M. Mohiuddin Quadri D/o. Late Syed Pasha Hussain, aged about 55 years, occ. Housewife, R/o. H.No. 20-2-527/B, Hussaini Alam,
• 3. Mr. Syed Ahmed Mustafa Hussain, S/o. Late Syed Pasha Hussain, aged about 43 years, Occ. Business, R/o. H.No. 1-96, Chengicherla, Ghatkesar Mandal, Bodupal, R.R.Dist., T.S. ...APPELLANTS/ Petitioner/ Plaintiffs

AND

• 1. Mr. Haneef Ali Khan, S/o. Ahmed Alik Khan, aged about 39 years, Occ. Business, R/o. H.No. 12-2-321, Murad Nagar, Mehdipatnam, Hyderabad - 500
• 2. Mr. Mohammed Osman, S/o. Late Mohd Khaja, aged about 45 years, occ. Business, R/o. H.No. 10-3-282/A/44, Venkatadri Nagar Colony, Humayun Nagar, Hyderabad - 500028.
• 3. Mr. Mohammed Saleem Qureshi, S/o. Late Mohammed Yousuf Qureshi, aged about 55 years, occ. Engineer, R/o. H.No. 9-3-322, Alberpura, Mohammad Lines Road, Tolichowki, Hyderabad -500008.

...RESPONDENTS/ Defendants

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant ad-Interim Injunction against the respondents/defendats herein, their agents, representatives or anybody claiming under them from entering into any sort of agreements or execution of registered sale deed or any other document in respect

of suit schedule property i.e. All that the House bearing Municipal No. 12-2-838, total admeasuring 522.00 Sq. Yards or equalent to 436.44 Sq. Meteres consisting of Cellar, Ground plus 4 upper floors, Situated at Asif Nagar, hyderabad and bounded by North . Road, East . Road, South . Road and West . Neighbours house pending disposal of civil revision petition

Counsel for the Appellant: SRI. KHAJA MOINUDDIN

Counsel for the Respondent No.2: SRI MOHAMMED HABEEBUDDIN

The Court delivered the following Judgment:

THE HON'BLE SMT. JUSTICE MOUSHUMI BHATTACHARYA AND THE HON,BLE SMT. JUSTICE M.G.PRIYADARSINI CTVIL MISCELLANEO US APPEAL NO .634 0F 2023

JUDGMENT:- (Per Hon'ble Justice Moushumi Bhattacharya)

The appeal arises out of an order passed by the Trial Court on 26.07.2023 in an application made by the appellants/ plaintiffs for grant of temporary injunction against the respondents/ defendants from entering into any agreements or executing any registered sale deeds in respect of the suit schedule property. The Trial Court dismissed the petition on the ground that the appellants / petitioners / plain tiffs were not able to make out any case of the defendants having alienated any part of the suit schedule property which fell to the share of the appellants. The Trial Court was also of the view that the appellants failed to establish a pima facie case or to demonstrate the balance ol convenience in their favour'

2. The appeliants Iiled a Suit for cancellation of a registered Development Agre-ement-cum-General Power of Attorney dated 26.O2.2019 executed between the appellants/ plaintiffs and the defendants in respect of the suit schedule property'

I ,

I

I I

.,y

3. We lind from the records that a Coordinate Bench passed an order recording that constructions may go on but both the parties should not alienate the subject property'

MB) & MGP,) CttlA-No-631 ol2O23 +.s

4 Counsel appearing for the respondent No.2, r.l,leo is also defendant No.2 in the Suit, submits that thc r<:spondent No.2/Developer intends to sell out parts of the properties in qucstion.

2

5. Considerrng the relief claimed in the Suit for cancellation of the Development Agreement_cum-General power of Attorney, we cannot accept the contention of the respondent No.2.

6. Since the Suit is at the stage of framing of issues, we deem it ht to expedite the hearing of the Suit and continue the order passed by the Coordinate Bench restraining the respondents/ defendants from alienating the suit sichedule property until disposal of the Suit. The Trial Court is re:quested to expedite the hearing of the Suit and dispose of the same preferably by 21. 10.2024

7. CMA.No.634 of 2023 along with all connected applications is disposed of in terms of the above order

//TRUE COPYII

SD/. K SRINIVAS JOINT REGI

To SECTION OFFICER

RAO, RAR.

\

The XXVI Additional Chief Judge, City Civil Court at Hyderabad One CC to SRt KHAJA MO|NUDDIN , Advocate One [OPUC] CC to SRt MOHAMME 1

• 2
• D HABE ^EBUDDIN, Advocate [OPUC]

4 Two CD Copres

kul

i

HIGH COURT

DATED:20/06/2024

JUDGMENT

CMA.No.634 of 2023

DISPOSING OF THE CMA

$\overline{2}$ ep

$\overline{\text{THE}}_{\text{S}}$

15 JUL 2024

$\frac{1}{5}$