During the life time, the predecessor of the appellants late Sri Jai Narayan Misra, has filed a Suit in O.S No.
to sign new revised layout drawing, earmarking the additional land for development 3.
Hashmatunnisa Begum, they entered into a partnership deed dated 14.04.1982.
6 of 2005 in E.P. No.
A. No.3311 of 2015 4 The said Suit was decreed on 14.07.1993, by the Trial Court, granting the following reliefs 1.
580 of 1988, on the file of II Additional Judge, City Civil Court, Hyderabad, claiming the following reliefs 1.
to direct the J.Dr.
In such suit filed by late Smt.
A. Subba Rao, learned companynsel appearing for the appellants that the decree obtained by the predecessor of the appellants is executable and against the respondents, who are the legal representatives of the original partner.
to sign all other documents that may be required number or in future in companynection with the development of the additional land 6.
156 159 ad measuring 22,253 square meters approximately.
A.Subba Rao, learned companynsel appearing for the appellants that as per the terms of the partnership deed, in the event of death of either of the party, their legal representatives shall automatically become partners in the partnership firm and they shall companytinue to act as partners of the firm till the venture envisaged under partnership is companypleted and such legal representatives, who become partners, shall have same rights and shall be subject to same liabilities and responsibilities, as the deceased partner.
4894 of 2006, before the High Court of Judicature, Andhra Pradesh at Hyderabad.
Hashmatunnisa Begum, is number executable against the legal representatives.
The judgment and decree obtained by late Sri Jai Narayan Misra against late Smt.
No.2 to 4 to sign the layout plan for submitting to the Cantonment Board, Secunderabad for sanction in respect of the suit schedule property 2.
580 of 1988, filed by late Sri Jai Narayan Misra, died on 04.01.2001, whereas the predecessor of the respondents, late Smt.
Hashmatunnisa Begum.
Venkateswara Rao Anumolu, Advocate on record.
After death of the original plaintiff, the legal heirs of the plaintiffs have filed Execution Petition before the Trial Court, by claiming the following reliefs 1.
By a well reasoned Order, dated 01.02.2006, passed by the II Senior Civil Judge, City Civil Court, Hyderabad, allowed the application filed under Section 47 of C.P.C. The said Order is challenged by the respondents, by way of Civil Revision Petition No.
Signature Not Verified 580 of 1980, passed by the II Senior Civil Judge, Digitally signed by NEELAM GULATI Date 2019.10.18 152613 IST Reason City Civil Court, Hyderabad.
4894 of 2006, dated 09.04.2009, passed by the High Court of Judicature, Andhra Pradesh at Hyderabad, whereby the High Court has companyfirmed the order dated 01.02.2006, in E.A. No.
Hashmatunnisa Begum, predecessor of the appellants Late Sri Jai Narayan Misra, filed IA No.
the defendant is hereby directed to sign the layout plan and other documents for submitting to the Cantonment Board, Secunderabad for sanction in respect of the suit schedule property Each party shall bear their own companyts.
The plaintiff in Original Suit No.
The relevant clauses of the partnership deed dated 14.04.1982, read as under A. No.3311 of 2015 7 This partnership shall number be dissolved till the companypletion of the venture except by mutual agreement reduced in writing.
A.Subba Rao, learned companynsel appearing for the appellants and Sri.
to grant permanent injunction against the defendant restraining the defendant and all the persons claiming through the defendant from preventing the plaintiff from carrying out the work of preparing layout plan, developing the property and sale thereof, in an extent of 3,381 square meters 2.
We have heard Sri.
From the Suit filed in O.S. No.
The parties hereby expressly and specifically agree that in the event of death of either party their respective legal representatives shall automatically become partners in the partnership firm and they shall companytinue to act as partners of the firm till the venture envisaged under this partnership is companypleted and such legal representatives who become partners shall have the same rights and shall be subject to the same liabilities and responsibilities as the deceased partner.
Hashmatunnisa Begum, died on 17.05.1996.
When there was interference on the suit scheduled property, which fell to the share of plaintiff, as per the registered partnership deed, a suit for permanent injunction was filed.
B. Adi Narayana Rao, learned senior companynsel appearing for the respondents, assisted by Sri.
In this case, it is number in dispute that as per the original partnership deed there were only two partners, namely, late Smt.
to grant mandatory injunction directing the defendant to sign the layout and other documents submitting to the Cantonment Board for sanction in respect of the land admeasuring 3,381 square meteres forming part of Paigah Colony situated at S.P. Road, Secunderabad, and for companyts.
There were only two partners, as per the partnership deed.
Hashmatunnisa Begum, who is the owner of the land predecessor of the A. No.3311 of 2015 9 respondents and late Sri Jai Narayan Misra, who is the predecessor of the appellants herein.
After obtaining exemption from Government of India, Ministry of Defence, New Delhi, under Clause 20 1 b of the Urban Land Ceiling and Regulation Act, 1976, both the partners have entered into partnership, for carrying on business in real estate, by developing the land which forms the part of Paigah Compound.
In the aforesaid case, after suffering decree for permanent injunction, judgment debtor died.
It is companytended by Sri.
By referring to the companytents of the partnership deed, it is companytended by Sri.
The High Court, vide impugned order, companyfirmed the Order A. No.3311 of 2015 6 passed by the Trial Court, holding that the decree obtained against the predecessors of the respondents, namely, late Smt.
During the life time of late Sri Jai Narayan Misra and late Smt.
Subhash Reddy,J. This civil appeal is filed by the appellants, in Civil Revision Petition No.
A. No.3311 of 2015 2 By the aforesaid order, learned II Senior Civil Judge, City Civil Court, Hyderabad, allowed the application filed by the respondents, under Section 47 of the Code of Civil Procedure, 1908 for short, P.C. All the appellants herein are legal heirs of late Sri Jai Narayan Misra and all the respondents herein are legal heirs of late Smt.
to break the existing boundary wall at the appropriate place to enable to have access into the additional land for which layout plan is being submitted A. No.3311 of 2015 5 4.
122 of 2003 in O.S. No.
580 of 1988, the original plaintiff has obtained a decree on 14.07.1993 from the Trial Court, which granted the reliefs as under 1.
As stated in the partnership deed, late Smt.
to sign a letter to Cantonment Board, undertaking number to claim any water companynection for the next 10 years 5.
