The High Court · 2025
Case Details
Village,lbrahimpatnamMandal,R.RDistrict. 2. Bairi Setti (died) per Lrs., Bairi Setti (died) per Lrs. 3. Bairi Anjaiah (died) per Lrs, Bairi Aniaiah (died) per Lrs 4. Smt. Bairi Lalithamma, Wo. Late Setti Aged about 72 yeats, Occ. House wife, 5. Smt. Kotla Sumitra, Wo. Mallesh Goud, D/o Bairi Sett, aged about 54 years, Occ. House wife, Rl/o Vemoori Plaza, Flat No.101 , Shalivahana Nagar, Dilsukhanagar, Hyderabad.
6. Smt. Voruganti Aruna, S/o Sirnu, (D/o Bairi Setti) Aged 50 years, Occ. House wife, Rl/o. Plot No.281 Sagar Complex Road No.7, Saroornagar Mandal, R.R District.
7. Smt. B. Sandhya Rani, W/o Jangaiah (D/o'Bairi Setti) Aged 48 years, Occ. Teacher, No 14-1-210149/3, J.P Road, Parvathi Nagar Allapur Village, Balnagar Mandal, R.R District.
8. Smt. B. Balamma, W/o Late Anjaiah, aged 46 years, Occ. House wife, 9. Smt. B. Basavaiah, S/o. Late Anjaiah Aged 45 years, Occ. Business, 10.Smt. Katam Shobba, Wo Madhu, (D/o.Late Anjaiah) Aged 43 yrs, Occ. House Wife R/o Pasumamla Village, Hayathnagar, Mandal R.R District.
11.B. Venkatesh, S/o Late Anjaiah, Aged about 41 years, Occ. Business, Respondents No.8, 9, & 11 are R/o Venkataiah aparts, First Floor, Pochamma Bagh Colony, Road No. 1, Saroornagar Village and Mandal, R.R District. 12.Smt. Nandurki Swaroopa, Wo Santhosh D/o. Late Anjaiah Aged about 39 years, Occ. House wife, Fl/o lnjapur Village, Hayathnagar Mandal, R.R District ( Respondent No.2 to 12arcnot NECESSARY PARTIES TO THIS CRP ) ...Respondents lA NO: I 0F 2021 Pet tion under Section 151 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 r'urther proceedings in l.A. No. S1O of 2017 in O.S 183 of 1986 dt.19/01/2018 including final decree proceedings in the suit before the Court of the Principal Junior Civil Judge, lbrahimpatnam R.R.District at lbrahimpatnam, pending disposal of above CRP lA NO: 2 CtF 2O2'l Petition under Section 15'1 CPC praying that in the circumstances stated in the afficlavit filed in support of the petition, the High Court may be pleased to Set aside the impugned orders in l.A. No. 51O of 2017 in O.S 183 of 1986 dt. 19l01l201al on the file of the Principal Junior Civil Judge, lbrahimpatnam R.R. District, by allowing the above Civil Revision Petition. Counsel for the Petitioner : Mr. T VENKAT RA"rU GOUD, Counsel for the Respondent No. 1 : Mr. G.VENKATESHVARLU, The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE Or. TELANGAT{A AT HYDERABAD THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA DATE: 16.L2.2O25 CIVIL REVISION PETITION NO.2O3 OF 2O2L Between: Bairi Chaithanya Swamy. ... Petitioner And Bairi Krishnaiah and others. ..Respondents. ORDER This Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the order, dated 19.01.2018, in I.A.No.510 of 2OL7 in O.S.No.183 of 1986 passed by the learned Principal Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District, whereby respondent No.1 herein/plaintiff filed an application under Order XXVI Rule 13 of the Code of Civil Procedure, 1908 to appoint an Advocate Commissioner to get it measured and divide the suit schedule propert5r into three equal shares under the scheme of partition with the assistance of Mandal Surveyor of Ibrahimpatnam, accordingly, the learned trial Court through the impugned order appointed Advocate Commissioner and directed the office to prepare warrant and handover the same to the Advocate Commissioner. 2 NNR,I crq 203_2027
21. Heard sri T.venkat Raju Goud, learned counser for the pelitioner and sri G.venkateshwarlu, learned counsel for responrlent No.l.
3. Learned counsel for the petitioner submits that the learned trial court _without hearing the petitioner herein/respondent No.S passed an ex parte impugned order and hence, he prays this court to set aside the impugned order and the matter .nay be remanded back to the learned trial court for fresh disposa.., in accordance with law.
4. As seen from the record, the learned trial court passed the impr:gned order without hearing the petitioner herein. To give one more opportunity to the petitioner to establish his case before the lear,ed trial court, this court, without going into the merits of the case, deems it appropriate to dispose of civil Revision petition with the following direction.
5. Accordingly, the civil Revision petiticn is allowed setting aside the order, dated I9.01 .2o|g in I.A.No.S1o of 2olz in o.S.No.183 of 1986 passed by the learned principal Junior civil Judge, Ilrrahimpatnam, Ranga Reddy District, and the matter is remanderl back to the learned trial court for fresh disposal, after issuing notice and after giving opportunity of hearing both parties. Further, both parties shall cooperate for disposal of the case. It is \ \ \ t ''.'' v 3 NNR,T crp_203_2021 needless to observe that the learned trial Court is directed to dispose of I.A.No.S1O of 2OtT in O.S.No.183 of 1986 as expeditiously as possible. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. Sd/- A. SREENIVASA REDDY ASSISTANT REGTSTRAR6 SECTION OFFICER //TRUE COPY// To,
1. The Principal Junior Civil Judge, lbrahimpatnam R.R.District at lbrahimpatnam.
2. One CC to Mr. T VENKAT RAJU GOUD, Advocate IOPUC] 3. One CC to Mr. G.VENKATESHVARLU, Advocate [OPUC] 4. Two CD Copies I a HIGH COURT DATED: 1611212025 ORDEFI CRP.No.203 ot 2021 .\HE STA 16: ? t IAN ?$2$ * S' , Allowing Civil Revision petition without costs 5 11 lr IM