Dismissed

Syed Asad Abbas v. Syed Hidayat Abbas aka Ali Abbas and 2 others

Telangana HC26 Nov 2020CRP/1154/2020

Case brief

AI extract

What is this about?

The High Court dismissed a Civil Revision Petition challenging an interim order that stayed execution proceedings in an execution petition pending the decision of a claim petition. The court upheld the lower court's decision, noting that the identity of the judgment debtor would be ascertained in the claim petition.

What did the court decide?

The Civil Revision Petition was dismissed. The Court below was directed to decide the pending claim petition within three months after hearing all parties.

Syed Asad Abbas Vs Syed Hidayat Abbas aka Ali… — Execution and Attachment | Telangana HC (2020)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE TWENTY SIXTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO

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CIVIL REVISION PETITION NO: 11 54 0F 2020

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Petition under Article 227 of the Constitution of lndia, against the Order dated. 13/3/2020 made in E.A No. 157 oI 2020 in EP No. 427 ol 2019 in OS No. 2226 ol 2006 on the file of the Court of the I Senior Civil Judge, City Civil Court . Hyderabad.

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Between:

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Syed Asad Abbas, S/o Sri Syed Mahboob Abbas, Aged about 45 years, Occ. Unani Doctor, F|/o H.No. S.R.T. 350, Yakutpura Colony, Hyderabad.

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...Petitioner/R1

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AND

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Syed Hidayat Abbas aka Ali Abbas, S/o Late Mahboob Abbas, aged about 59 years, Occ. Business, R/o H.No. 17-34-350, SRT Colony, Yakutpura, Hyderabad.

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Syed Hassan Abbas, S/o Sri Syed lr,/ahboob Abbas, Aged about 40 years, Occ Business, Fl/o H.No. SRT 350, Yakuthpura Colony, Hyderabad.

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Syed Shaukath Abbas, S/o Sri Syed Nlahboob Abbas, Aged about 35^years, . Occ. Business, R/o H.No. SRT 350, Yakuthpura Colony, Hyderabad.

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... Res ponde nts/Claim Petitioner/R2, R3

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to suspend the orders passed in E.A.No. 157 ol 2020 in E.P. No.427 of 2019 on the file of I Senior Civil Judge, City Civil Court, at Hyderabad, pending disposal of the above C.R.P.

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Counsel for the Petitioner: SRI MOHD OSMAN SHAHEED

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Counsel for the Respondents: NONE APPEARED

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA^RAO CRP.No. LL54 of2O2O

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ORDER:

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This Revision has been 111ed by the petitioner challenging the order in dt. 13.03.2020 in EA.No.157 of 2O2O in^EP.No.427 ol 2019 in OS.No.2226 of 2006 of the I Senior Civil Judge, City Civil Court, Hyderabad, staying proceedings in the Execution Petition tiU the disposal of the claim petition EA.No.50 of 2O2O in OS.No.2226 of 2006.

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Counsel for the petitioner contended that the Court below ought not to have granted stay of all further proceedings in EP.No.427 of 2019 till the disposal ol the EA.No.50 of 2O2O, since the claim petitioner himself is a party in the suit and had suffered an adverse order.

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it is not in dispute that the person who has filed the claim petition is having the name Syed Hidayat Abbas. The person who is a party in the suit is Syed A1i Abbas.

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4 . The petitioner/ Decree Holder says that there are no two separate individuals by the above two different names and it is Syed A1i Abbas, who is also called as Syed Hidayat Abbas, and so both of them are same person and the Court below without going into the aspect, ought not to have granted stay of the execution in the decree.

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Normally, when a claim petition is pending in the suit, execution of the decree in the suit is not proceeded r.r,ith.

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)

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There wiU be certainly an inquiry in the claim petition about the c.laim set up by the 1"t respondent herein and in the course of that inquiry, the court below wilr ascertain whether the 1"t respondent is also known as Syed Ali Abbas, who had suffered a decree in the suit.

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7 . There cannot be two different enquiries on the same aspect about the identity of the judgment debtor, Syed Ali Abbas, one in the claim petition, and another in the stay application seeking stay of proceedings of the Ep pending the claim petition.

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In this view of the matter, I am not inclined to interfere with the impugned order passed by the Court below.

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Accordingly, this Civil Revision Petition is dismissed with a direction to the Court below to decide the claim petition, EA.No.50 of 2O2O, filed by the 1", respondent in EP.No.427 of 2Ol9 in OS.No.2226 of 2006 within a period of three months lrom the date ol receipt of a copy of this order, after hearing a1l the parties. No order as to costs.

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Consequently, miscellaneous petitions pending if any, sha11 stand closed.

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Sd/-M.MANJU ASSISTANT REGIS R

//TRUE COPY//

SECTION OFFICER

'1 . The I Senior Civil Judge, City Civil Court, at Hyd6rabad 2. One CC to Sri Mohd Osman Shaheed, Advocate IOPUCI 3. T&o Copies MMK

HIGH COURT

MSRJ

DATED:26/1112020

ORDER

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CRP.No.1154 of 2020

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DISMISSING THE CIVIL REVISlON PETITION WITHOUT COSTS

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Syed Asad Abbas v. Syed Hidayat Abbas aka Ali Abbas and 2 others

Case brief

What is this about?

What did the court decide?

Syed Asad Abbas v. Syed Hidayat Abbas aka Ali Abbas and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

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