Disposed

Gopi Chandra v. Poonam Chandra

Telangana HC4 Feb 2025CCCA/135/2010

Case brief

AI extract

What is this about?

Claim-petition appeal by a third party seeking release of attached schedule property as joint family property; the executing court had dismissed the claim. The suit for partition was decreed and an appeal is pending before the High Court.

What did the court decide?

Appeal disposed of without costs; appellant permitted to pursue remedies in pending CCCA No.63 of 2022; executing court's observations not to prejudice that appeal.

Gopi Chandra Vs Poonam Chandra — Partition | Telangana HC (2025)

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[³⁴⁴⁵ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA, AT HYDERABAD

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TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND

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THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

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CITY CIVIL COURT APPEAL NO: 135 OF 2010

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Appeal under section 96 of C.P.C against the Judgment and Decree Dated 13-07-2O1O made in EA No. 10 of 2009 in EP No. 1 of 2009 on the file^{of the} Court of the lX Additional Chief Judge (FTC) City Civil Court, Hyderabad.

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Between:

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Gopi Chandra, S/o Mahesh Chand, Occ: Landlord, R/o H.No. 7-1-9512, Behind Seeshmahal Talkies Ameerpet, Hyderabad.

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... Petitione ricla im Petitioner

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AND

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1 Poonam Chandra, S/o. Mahesh Chand, Occ: Landlord, Rlo 7-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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2 Prem Chandra, S/o. Mahesh Chand, Occ: Landlord, R/o 7-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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.) Miss Rajini Chandra, D/o. Mahesh Chand, Occ: Landlady, Rlo 7-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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4 lvliss Padmini Chandra, D/o. Mahesh Chand, Occ: Landlady, RloT-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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5 Mahesh Chand, S/o Late Kishan Chand , Occ: Business, Rlo.7-1-9512, Behind Seeshmahal Talkies Ameerpet , Hyderabad

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6 Kishan Chand, S/o. tvlahesh Chand, Occ: Landlord, R/o 7-1-95/2, Behind Seeshmahai Talkies, Ameerpet, Hyderabad

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7 Karan Chand, S/o. Mahesh Chand, Occ: Landlord Rl/s 7-1-95i2, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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8 Naresh Chand, S/o Late Kishan Chand, Occ: Business, R/o 92-8, Desai Raod, Mumbai

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Mrs. Shashi Balachand, Wio. Naresh Chand, Occ: Household, R/o 92-8, Desai Raod, Mumbai

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Shantanuchand, S/o. Naresh Chand, Occ: Landlord, R/o 92-B, Desai Raod, Mumbai

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'1 l.Achina Chand, D/o Naresh Chand, Occ: Student, R/o 92-B, Desai Raod, Mumbai

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Smt. Suruchi Chand, Wo Late Ramesh Chand, Occ: landlady, R/o 71A, Meher Apartrnents Altamount Road, Mumbai

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13.Saloni Chand @ Saloni Javeri, D/o Late Ramesh Chand, Occ: Household, R/o 71A, Meher Apartments Altamount Road, Mumbai

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Miss Shivani Chand, D/o Late Ramesh Chand, Occ. Household, R/o 71A, Meher Apartments Altamount Road, Mumbai

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Trilok Chandra, S/o. Mahesh Chand, Occ: Business, R/o 7-1-9512, Behind Seeshmahal Talkres. Ameerpet. Hyderabad

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'16.Moti Chandra. S/o Mahesh Chand, Occ: Landlord, R/o 7-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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17.Smt. Anuradha Chandra, D/o. Mahesh Chand, Occ: Landlady, RloT-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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Rajana Chandra, D/o. Mahesh Chand, Occ: Employee in USA, Rlo 7-1-95D, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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'19. Rajkumari Chandra, Dio. Mahesh Chand, Occ: Landlady, Rlo 7-1-9512, Behind Seeshmahal Talkies, Ameerpet, Hyderabad

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Deep Chandra, S/o Mahesh Chand, Occ: Landlord, R/o 7-.1-95/2, Behind Seeshmahal l-alkies, Ameerpet, Hyderabad

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Ramesh Chandra, S/o. Mahesh Chand, Occ: Landlord ,R/o 7-1-9512, Behind Seeshmahal l-alkies, Ameerpet, Hyderabad

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22.Anupama Chandra, D/o. Mahesh Chand, Occ: Landlady (Mentally retarded person Rep. by her Natural Mother Smt. Jamuna Wo Mahesh Chand aged 57 yrs, Occ Housewife Rlo 7-1-9512, Behind Seeshmahal

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Commercial and lndustrial Frnance Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at 3-6-161, Hyderguda, Hyderabad Rep. by its Managing Director

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Kohinoor Glass Factory Pvt. Ltd., a company incorporated under the Companies AcJ 1 956 having its Regd. Office at Sanathnagar, Hyderabad-18 Rep. by its Managing Director

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New Delhi Glass lndustries Pvt. Ltd.. a company incorporated under the CompaniesAct 1956 having its Regd. Office at 3-6-161, Hyderguda, Hyderabad Rep. by its Managing Director

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Sheeshmahal Enterprises Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at7 -1-9512, Ameerpet, Hyderabad Rep. by its Managing Director

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Mahalakshmi Glass Works P!,.t. Ltd., a company incorporated under the 9g1panies^{Acl.1956 havingits Regd.Office at Dr. E. Moses Road,Bombay-} 1'1 Rep. by its Managing Director

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28.Glass & Ceramics Decorators Pvt. Ltd., a company incorporated under the ggTpanies.Act_1956 having its Regd. Office ai Dr. E. Moses Road, Bombay11 Rep. by its Managing Director

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Weston lndia Pvt. Ltd., a company incorporated under the Companies^Act '1956 having its Regd. Office at Dr. E. Moses Road, Bombay-1 1 Rep. by its Managing Director

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Kaycee lnvestment Pvt. Ltd., a company incorporated under the^CoqPanies Aci 1956 having its Regd. Office at Dr. E. Moses Road, Bombay-1 1 Rep. by its Managing Director

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Emcee lnvestments Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at Dr. E. Moses Road, Bombay-1 1 Rep. by its Managing Director

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Smriti Trading & lnvestment Co. Pvt. Ltd., a comparry incorporated under the Companies Act 1956 having its Regd. Office al4, Ararat,89, Medows Street Bompany-23, Rep. by its Managing Director

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Fontainbleu lnvestment & Trading Co. Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at 9E.Dr.E. Moses Road, Bombay-11 Rep. by its Managing Director

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More lnvestment & Trading Co. Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at 9E.Dr.E. Moses^Road, Bombay-1'l Rep. by its Managing Director

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Rajarajeshwari lnvestment & Trading Co. Pvt. Ltd., a company incorporated under the Companies Act 1956 having its Regd. Office at 9E.Dr.E.^lvloses Road, Bornbay-11 Rep. by its Managing Director

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Smt.Shanta Bai, Wo Mahesh Chand, Occ: Household,^R/o 7-'l-9512, Behlnd Seeshmahal Talkies, Ameerpet, Hyderabad

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(Respondent No. 6 to 36 not necessary parties in this CCCA)

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...Respondents/Judgment Debtors

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Counsel for the Appellant : SRI NARASIMHA RAO representing SRI FAZAL YOUSUFFUDIN

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Counsel for the Respondent Nos.1 to 4 : Sri VL N G K MURTHY

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Counsel for the Respondent No.S : Sri A KRANTI KUMAR REDDY

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The Court delivered the following: JUDGMENT

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HON'BLE SRI JUSTICE ABHINAND KUMAR STIAVILI AND HON'I}LE SMT JUSTICE TIRUMAI-A. DEVI EA-DA

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CCCA.No.135 of 2010

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T]DGME (llr llotr'ble .'i .lNiv Abhirund Ktnar Sbari/i)

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Aggrieved by the order dated 13.07.2010 passed ln E.ANo.1O of 2009 in E.P.No.1 of 2009 by the IX Additional^(hief Judge, Gry Gvil Court, Hyderabad, the present appealhas been filed.

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2 Heard Sri Narasimha Rao, leamed counsel represenring Fazal Yousufuddin, leamed counsel appearing for the appellant

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It is the cese of the appellant that respondent Nos.1 ro

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5 have filed O.S.No.32 of 2OO3 (re-numbered as O.S.No.24 of 2005) before the trial Crurt for partition of the plaint A to F schedule proper-ties and along with the suit, they have filed I.ANo.906 of 2003 for temporary injunction and the said applicatipn w;$ ordered on 17.04.2003. They have also filed ) I.ANo.907 o1'2003 seeking appointment of C-ommissioner

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and the same was also ordered. Aggrieved by the^same,the respondents have approached this Court by filing CRP No.21i7 of 2003. Subsequently, the 5'h respondent filed a compromise petition rn the said CRP agreeing to pay^an amount of Rs.2,60,000/- on 2nd of every month to respondents 1, to 4 pending the suit, and the^sarnewas ordered. But, when the 5'h respondent failed^{to pay the} amount in terms of compromise,^{respondents 1 to 4 have} filed EP No.1 of 2OO9 for attachment of plaint^{F schedule} properry in O.S.No.32 of 2003^{(re-numberedas O.S.No.24} of 2005) and the said property^{was anached and it was} brought to sale. \W4rile the^{matter stood thus, the appellant} has filed E.ANo.1O of 2OO9 in E.P.No.1^{of 2009 under} Order 21. Rule 58 read with Section^{151 CPC seekingto} allow the claim petition by raising^{the auachment and declare} the property attached as a^{joint family property.The trial}

( (

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Cann uide order 13.07.2010^{dismissedthe said EA F{ence,}

the present appeal.

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Leamed counsel appearing^{for the appellant had} conrended that O.S.No.32 of^{2003(re-numberedas} O.S.No.24 of 2005) itself^{was decreedon 31.03.2022ard} aggrieved by the^{same, some of the defendantshave filed} CCCANo.63 of^{2022 beforethis Court, which is pending.} Leamed counsel had funher^{contended that the appellant} would punue his remedies^{in the said CCCAHowever, the} observations made bythe^{ExecutingCourt in E.ANo.10of} 2OO9 n EP No.1 of.2OO9^{mightcome in the wayof the} appellant. Therefore, appropriate^{orden be passed in the} present appeal.

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Flaving corsidered the^{said submissions,this Courtis} of the view that the^{present appeal can be disposedof by} permining the appellant to Pursue^{his remedies in pending} appeal i.e. CKX.A No.63^{of 2O22.Theobservations made by}

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the Executing Gurr in E.ANo.1O of ZOOS in E.p. No.1 of 2009 shall nor come in the way of disposal of the said CCCA.

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6 Accordingly, the Appeal h disposed of. No costs. Miscellaneous petitions, rf any, pending shall stand closed.

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SD/- MOHD. ISMAIL ASSISTANT REGISTRAR

To,

//TRUE COPY'

,\ SECTION OFFICER ,

The lX Additional Chief Judge (FTC) City Civil Court, Hyderabad 2. One CC to SRI FAZAL YOUSUFFUDIN, Advocate [OPUC] 3. One CC to SRI VL N G K MURTHY, Advocate [OPUC] 4. One CC to SRI A KRANTI KUMAR REDDY, Advocate tOpUCl 5. Two CD Copies At)K,PSL w

,/\

t I

HIGH COURT

DATED:0410212A25

JUDGMENT

CCCA.No.135 of 2010

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DISPOSING OF THE CCCA WITHOUT COSTS

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Gopi Chandra v. Poonam Chandra

Case brief

What is this about?

What did the court decide?

Gopi Chandra v. Poonam Chandra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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