HC refuses to overturn 34-yr-old property dispute order
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Hyderabad: In a firm stance against delay and unsubstantiated claims, the Telangana high court has dismissed a civil revision petition filed by a retired govt teacher seeking to overturn a 34-year-old preliminary order in a long-pending family property dispute.
The original partition suit was filed in 1987 by two minor children through their maternal grandfather, seeking division of ancestral property. Their father—now 75 years—failed to appear before the court despite being served summons multiple times. Consequently, an ex parte preliminary decree was passed on Feb 7, 1989.
Claiming decades later that he had never received the summons, the father approached the high court in 2023.
However, Justice Moushumi Bhattacharya, while recently disposing of the petition, observed that there was no material on record to support his claim. "This court does not find any infirmity in the trial court order," the judge said.
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The petitioner's key contention was that the ex parte decree should be set aside on grounds of fraud. However, the trial court found his allegations vague and lacking particulars. The high court upheld this view, stating that "bald allegations of fraud and misrepresentation, without supporting material, carry no weight."
The judge also ruled that the Hindu Minority and Guardianship Act, 1956, did not apply in this case, as the children had been appropriately represented by their maternal grandfather during the suit.
Justice Bhattacharya further noted that the children, now aged 43 and 39, never challenged the preliminary decree even after attaining majority, reinforcing the validity of the original court order.
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