Court : Andhra Pradesh
Decided on : Apr-13-1962
Reported in : AIR1963AP365
Chandra Reddy, C.J. 1. This is an appeal against the order of the Chief Judge, City Civil Court, Hyderabad, declining to grant a temporary injunction restraining the respondents herein from receiving or taking delivery of all or any of the plaint schedule properties either moveable or immoveable, or to receive any amounts from the Receiver-cum-Commissioner appointed in C. S. No. 13 of 1958 on the file of the High Court pending disposal of the suit O. S. No. 23 of 1961 on the file of the City Civil Court, Hyderabad. 2. The application was made under Order 39, Rule 2 pending a suit brought by the appellant in forma pauperis claiming to be the daughter of the Nawab Mir Yousuf AH Khan popularly known as Sir Salar Jung III (hereinafter to be referred to as the Nawab) for a declaration that she is the legitimate daughter of the said Nawab and for possession of his assets and properties. 3. Sir Salar Jung III died on 22-3-1949 leaving behind him enormous private properties and a big jagir whi...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-20-1962
Reported in : AIR1963AP18
ORDERAnantanarayana Ayyar, J.1. On 16-1-61, Srinivasachari, J. pronounced Judgment in S. A. No. 209 of 1957 dismissing the appeal with costs. In that judgment, the learned Judge stated in the end 'No leave' which obviously means that he refused leave to the appellants-plaintiffs to file a Letters Patent Appeal against that decision. The two appellants filed S.R. No. 5072 of 1961 praying for review of that order of Srinivasachari, J. so far as that portion of the judgment 'No leave' is concerned. The office raised an objection saying that no review lay against 'No leave' in a judgment of the Court; thereupon, this matter was heard by me.2. The questions that arise for consideration are:--(1) Whether a review lies in law against an order of 'No leave' by which leave was refused for filing a Letters Patent Appeal? 2. If review lies, whether the order of 'No leave' by Srinivasachari in S. A. No. 209 of 1957 dated 16-1-1961 has to be reviewed? POINT NO. I :- The contention of the learned Ad...
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