MAQBOOL KHAN Vs. SHABJADI KHATOON
HIGH COURT OF ANDHRA PRADESH
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(1.)D-2 and D-3 in O.S. No. 1981 of 1982 on the file of the VIII Assistant Judge, City Civil Court, Hyderabad are the revision petitioners, R.1 herein filed the suit for partition of the house hearing No.17.2.582 admeasuring 550 sq. yards situated at Kurmaguda, Saidabad. Preliminary decree was passed for partition and R.1 plaintiff is entitled to 1/13th and D-2 and D-3 are entitled to 2/13th each and six others are entitled to 1/13th each and the L.Rs. of the deceased defendant are entitled to 2/13th. It is a case of division of the property amongst brothers and sisters and each of the 3 brothers is given 2/13th share while each of the sisters is given 1/13th share.
(2.)R.1 (Plaintiff) filed I.A. No. 481 of 1987 for passing the final decree after partition of the plaint schedule house.
(3.)Advocate Commissioner submitted that the suit house cannot be conveniently and reasonably divided in accordance with the preliminary decree. Then the revision petitioners who are residing in the plaint schedule house, filed I.A.No.224 of 1991 praying that the plaint schedule house may be allotted to them and they are prepared to pay the compensation to the other sharers by way of owely. The said petition was dismissed and the Court Ordered auction of the plaint schedule house. It was divided into two portions and in the auction, the impleadihg petitioner in C.M.P.No.11041 of 1991 purchased Portion No.1 for Rs.1,50,000/- while the impleading petitioner in C.M.P.No.11042 of 1991 purchased the 2nd portion for Rs.1,30,000/- and they deposited the sale consideration in the court. But confirmation of the sales was stayed in pursuance of the orders of this Court in C.M.P. No.5251 of 1991 pending disposal of this revision petition.
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