Gariganti Leela Rani, v. Chityala Praveen
Court: High Court for State of Telangana
Bench: K. SUJANA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-23. Gariganti Leela Rani, v. Chityala Praveen. Read the judgment and case details on LawSphereX.
Judgment text
I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY ,THE TWENry THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SMT JUSTICE K. SUJANA CIVIL REVISION PETITION NO: 3169 OF 2023 Petition Under Article 227 of rhe constitution of lndia against the order dated 21-02-2023 in l. A. No. 1 ot 2022 in O. S. No. 381 of 2016 on the fite of the Court of the Principal Senior Civil Jude at Khammam. Between: 1 Leela Rani, Wo Rajaiah, Aged 50 years, QqlgaltL occ. Household, R/o 'l H. No. 5-5-2'17l , Parsibandham Area, Khammam TownandDistrict. 2 Umesh, S/o Rajaiah, 32 years, occ. private Emptoyee, 9? ligrlti 4ged R/o H. No. 5-5-217l1, Parsibandham Area, Khammam Townand Districi. .. PETITIONERS/ Plaintiff AND 1 Chityala Praveen, S/o Late NageswaraRao, Aged 31 years, occ. pdvate Employee, RIo Pakabanda Bazar, NearAkshaia Scho-ol. Khammam Town and District. 2 Chityala Sravani, Dio Late NageswaraRao, .
Aged years, private 33 occ_ Employee, R/o Pakabanda Ba2ar, NearAkshar; Scho6l. Khammam Town and District. 3 Chityala Bhavani, D/o Late NageswaraRao, Aged private 33 years, occ. Employee, R/o Pakabanda Bazar, NearAkshaia. Sch6ol, Khammam Town and District. 4. Bandari Usharani, Wo Philip Sarangaphani, Aged 37 years, occ. Household, R/o Ramnagar, Hanamkonda, Warangal DistriCt_ "'RESPONDENTS/ Defendants fA NO: 1 0F 2023 Petition under section 15'1 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings in os No. 381 oF 2016 on the file of Honorable senior civil Judge Court at Khammam, pending disposal of the main Civil Revision petition, in the interest of justice. Counsel for the Petitioner: SRl. P. RAMA SHARANA SHARMA Counsel for the Respondents: NONE APPEARED The Court made the following ORDER: I . \- K. SUJANA THE HON'BLE SMT JUSTICE OF 2023 CIVIL REVISION PETITIO N No.
3169 ORDER: filed by defendants This Civil Revision Petition is I'A'No' 1 of 2O22 in against the order dated 21. 02 '2023 in of the Principal Senior Civil O. S. No. 381 of 2016 on the f-rle Judge at Khammam. 2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the trial Court 3. The facts of the case are that the plaintiffs/ respondents filed the suit against the defendants for declaration and perpetual injunction in respect of the suit schedule property i. e. , house plot admeasuring 117'O0 square yards, survey No'172 of Pakabanda area, Khammam Town and District. It is stated that the mother of the plaintiffs purchased the suit schedule property through registered sale deed bearing document No'2924 of 1983 dated 25. O8.
1983 and thereafter, she constructed AC sheet roofed room in the suit schedule property, for which' the In the year plaintiffs are paying the electricity charges' 2o1o, the mother plaintiffs filed a suit vide O'S'No' 135 of 2Ol0 against the husband and father of defendants as they tried to interfere with the peaceful possession of the sKs. "/ CRP No. 3l69 of 2023 plaintiffsmotheroverthesuitscheduleproperty. However, was died on during pendent tite, the plaintiff's mother 14'09'2016 due suit was dismissed on 17 . 12. 2015 and the mother' It of the case by the plaintiffs to non-representation the even after ttre death of their mother' is also stated that plaintiffs continued to reside in the suit schedule property' along with 09' 10'2016' the defendants' On 25. 09. 2016 and from the the plaintiffs tried to dispossess their henchmen, filed suit' As such' the plaintiffs the suit schedule property' I'A'No' 1 of 2022 in defendants filed Thereafter, the O. S. No.
381 of 2016 seeking to appoint advocate of the lands of commissioner for taking the measurements suit schedule property' both the parties over filed by the order, the petition 4. By the impugned of the Civil Order XXVI Rule 9 read with 151 plaintiffs under dismissed' Procedure Code, was counsel 5. Heard Sri P'Rama Sharana Sharma' learned Though notice was petitioners/defendants' for the revision on behalf of the respondents' served, none appeared available on record' Perused the material revision petitioners for the 6. Learned counsel l was filed seeking that since the Petition contended -) s(s. J CRP No. |l69 of )D3 appointment of advocate commissioner only for the purpose of noting down the measurements of lands of both the parties over the suit schedule property, the trial Court ought to have allowed the petition for better adjudication of the case. Hence, he prayed the Court to allow the revision petition. t I 7.
In view of the submissions made by the Iearned counsel for the revision petitioners, this Court has perused the material available on record. It is noteworthy that though the purpose of appointing an advocate commissioner is for collecting the facts, the same facts may be used as an evidence in due course of time. Pertinently, it is impermissible to appoint an advocate commissioner before the commencement of the trial when the trial Court is enable to decide the case based on the documents and evidence adduced by both the parties. Hence, considering the facts and circumstances of the case, this Court is inclined to direct the revision petiLioners/defendants to file the petition before the trial Court at an appropriate time if there is any ambiguity in the adduced documents and evidence. I I I I I . tKs. -/ fr CRP No. 3l69 of 202 3 8. Accordingly, the Civii Revision Petition is disposed oL There shall be no order as to costs.
Miscellaneous petitions, if any pending, shall stand closed . Sd/- N. SRIHARI ASSISTANT REGIS //TRUE COPY// SECTION FICER To, 1 . The Principal Senior Civil Jude at Khammam. 2. One CC to SRl. P. RAMA SHARANA SHARMA, Advocate [OPUC] 3. Two CD Copies kut/gh qk i { HIGH COURT DATED:2311212024 /\ \{ESI r€ :, ORDER o ? 01 uic f,) r-) Z l L CRP. No. 3169 of 2O23 t t) A1 c . 5 DISPOSIN OF THE CRP WITHOUT COSTS (+ 11/ x- lrt
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