Royal property dispute: HC refers case back to dist court

Bhopal/Jabalpur: The Madhya Pradesh high court has remanded two suits relating to property dispute among heirs of Bhopal Nawab Mohd Hamidullah Khan back to the court of district judge, Bhopal for a refral. Hearing the two appeals against the earlier order of the district judge, Bhopal — Begum Suraiya Rashid & others Vs Begum Mehr Taj Nawab Sajida Sultan and Nawabzadi Qamar Taj Rabia Sultan & others Vs Nawab Mehr Taj Sajida Sultan and others — the bench of Justice Sanjay Dwivedi said that the district judge, Bhopal, had based its order on a case decided by the Allahabad HC in a similar case but was set aside by the Supreme Court. As such, it would only be advisable to remand the case back to the district court for a retrial. Justice Dwivedi in his order said, "The trial Court without considering the other aspects of the matter has dismissed the suits relying upon the judgment reported in AIR 1997 (Talat Fatima Hasan Vs Nawab Syed Murtaza Ali Khan Sahib Bahadur and others) but failed to consider the fact that later on it has been overruled by the SC in a case reported in (2020) (Talat Fatima Hasan through her constituted Attorney Syed Mehdi Husain Vs Syed Murtaza Ali Khan (dead) by legal representatives and others). "When the legal issue on which the trial court was relying upon has been reversed and the suits in question are of partition, therefore, in view of the provision of order 14 Rule 23A of the CPC, I am of the opinion that these cases can be remanded back to the trial Court for deciding it afresh," it said.