Bendram Yellamma v. Durmutla , Yeshireddi Rajireddy and 2 others
Court: High Court for State of Telangana
Bench: CHALLA KODANDA RAM
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-03-13. Bendram Yellamma v. Durmutla , Yeshireddi Rajireddy and 2 others. Read the judgment and case...
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENW PRESENT THE HONOURABLE SRIJUSTICE CHALLA KODANOA RAM CIVIL REVISION PETITION NO: 3083 OF 2019 Petition under Article 227 oI the Constitution of lndia, aggrieved by the Order daled 0411212019 in l. A. No. 267 of 2019 in C. M. A. No. 10 of 20'18 on the file of the Court of the lX Additional District and Sessions Judge, at Sircilla, Rajanna Sircilla, Karimnagar District Between: Bendram Yellamma, W/o. Durgareddi Aged about 63 years, Occ. Agriculture, Rl/o. Mallapur Village, Boinpalli Mandal, Rajanna Sircilla District. (Old Karimnagar District) ... PETITIONERYPETITIONERYAPPELLANT AND '1 . Durmutla Yeshireddi Rajireddy, S/o. Narayana, aged about 49 years, @ Occ. Agriculture, R/o. Ir4allapur Village, Boinpalli [t4andal, Rajanna Sircilla District. (Old Karimnagar District) 2. Durmutla Yeshireddy Bhoomreddy, S/o. Narayana, aged about years, @ 38 Occ. Agriculture, R/o.
Mallapur Village, Boinpalli Mandal, Rajanna Sircilla District, (Old Karimnagar District) 3. Durmutla Yeshireddy Devamma, @ Wio. Narayana, aged about 70 years, Occ. Household, Fl/o. lt4allapur Village, Boinpalli Mandal, Rajanna Sircilla District. (Old Karimnagar District) ... RESPONDENTS/RESPONDENTS/RESPONDENTS lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Stay all further proceedings in C. M. A. No. 10 of 2018 on the file of lX Additional District and Sessions Judge, at Sircilla, Rajanna Sircilla District, (Old Karimnagar District) pending disposal of the above C. R. P. Counsel for the Petitioner: SRI V. V. RAMANA RAO Counsel for the Respondents: SRI l. LAXMIKANTHA RAO The Court made the following: ORDER THE HON'BLE SRI JUSTICE CHALLA KODA]IID,,T RAM CIYIL REVISION PETITION No. 3083 of i 019 ORDER: Hearcl leamed counsel for the petitioner.
and leame( counsel appearing for the respondents . r'here It is a case the petitioner filed I. A. No. 267 of 2(t19 in C. M. A. No. l0 of 2018 before th: trial Court by invoking Order 41 Rule 27t l)(a) read with (lode Section 151 of of Civil Procedure, praying the Court to receive additional documents, such irs MeeSeva Pahanis for the year 2017 ard original pattadar passbook. The C. M. A. itself came to be filed against the orde rs in I. A. No. 273 of 2017 seeking to glant temporary injunction, pending disposal ofthe suit, and the said I. A. came to be dismissed on merits. Even as per th,r petitioner/plaintiff. without the docunents which the petitioner seeks to file ncw. rhe possibility of granting injunctro r in favour of the petitioners in C. M. A. is 'erncte. In that view of the matter. no useful purpose would be served by directing the docurrents to be taken on recorrl in the C. M. A.
Instead, al the suggestion of the Court, learned counsi:l fbr the respondents submits that so fr r as filing ol the proposed documents in the r;uit is concemed. the petitioner/pla i;itiff has a right and further, as on da e, Ihe trial had not comrnenced. The suit being of the year 2017, and the documents ri'hich the petitioner seeks to file are the original pattadar passbooks and pahirnis. the petitioner is given liberly to rlove an application before the trial Cou:t in the pending suit which shall be <:onsidered by the leamed trial Judge. V/hil,: considering the application for r,:ceiving the documents. the factum of th: petitioner filing the C. M. A.. and the ime taken for passing orders in I. A. No. 26' of 2019 and the tirne taken for disposal of the present C. R. P. before this Court shall also be taken into consideration.
As the suit is ol the year 2017, the learned trial Judge shall make an endeavour to complete the trial as expeditiously as possible, preferably rvithin a period of six months frorn the date of receipt of a copy of this order. Accordingly. the civil revision petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed. SD/. CH. VENKATESWARULU ASSIST ISTRAR //TRUE COPY' SECTION OFFICER To, 1. The lX Additional District and Sessions Judge, at Sircilla, Rajanna Sircilla, Karrmnagar District, 2. One CC to SRI V. V. RAMANA RAO, Advocare tOpUCl 3. One CC to SRI l. LAXMIKANTHA RAO, Advocaie tOpUCl 4. Two CD Copies MP + HIGH COURT DATED: 1310312:. 020 "@"r";* 7 R zl:c 1 hP o 2 ,t\ (; . +. -l 4/] *. * c ,:r,3 t. ORDER CRP. No. 3083 of 2019 DISPOSING OF THE CIVIL REVISION PET'ITION WITHOUT COSTS t a
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