The High Court · 2025
Case Details
Acts & Sections
2 Ramjatan Sharma, S/o Not Known to Plaintiffs, Aged about years, Occ. Business, R/o H.No. H.No. 18-13-9&, Rajiv Gandhi Nagar, Bandlaguda, Hyderabad, 500005
3. Mirza lshaq, S/o Not known to plaifltiffs, Aged about 40 years, Occ. Pahlwan, R/o Jahanuma, Falaknama, Hyderabad.500005 ..RESPONDENTS lA NO: 3 OF 2024 Petition 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 vacate the interim orders passed in lA No. 1 of 2024 in CRP No. 306 of 2024 dated 30-01-2024 by dismissing the CRP No. 306 of 2024 in the interest of justice, and pass IA NO: 2 OF 2024 Petition 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 extend the interim stay order dt 30-01-2024 from 09-o2-2024 to till further orders in lA No. 1 of 2024 in CRP No. 306 o,f 2024 filed against the impugned orders dated 04-01-2024 passed in tA No. 1155 of 2023 in OS No. .1287 of rO18, on the _of Vlll Junior Civil Judge, City Civil Court, Hyderabad pending disposal of the CRP in the interest of justice and to pass lA NO: 1 OF 2024 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings in oS.No. 1287 of 201g, vlllih Junior civil Judge, City Crvil Court. Hyderabad pending the above CRp ot 2024 and pass Counsel for the Petitione(s):SRt. R BALA SUBRAMANYAM Counsel for the Respondents: PARIMALA pARlGl The Court made the following: ORDER ) I t . i /a ORDER: THE HON'BLE SMT. JT'STICE RENUI(A YARA CtVtL REVISI ON PETITION No.3O 6 of2024 Heard Sri R. Balasubrahmanyarn, learned counsel for the petitioner and Smt. Parimala Parigi leamed counsel for the respondent No.1 and perused the material on record'
2. The Civil Revision Petition is filed aggrieved by the order passed b5,- the learned VIII Junior Civil Judge, City Civil Court' Hyderabad in t.A.No.1755 of 2023 in O'S'No'1287 of 2018' dated 04.O1.2Cl24, wherein, a petition filed under Section 151 of CPC for clubbing the suits in O.S.No.1287 of 2Ol8 and O'S'No'4775 of 202 1, pending within the same Court, has been dismissed'
3. [t is agreed by both the counsels that the subject matter in O.S.No. l'287 of 2OlB is Plot Nos. 19, 20 and 31, admeasuring 40O Sq.Ycls.. rn Sr'.No.9, Ward No.18, Block No'13, situated at Raliv Ganclhi Nagar, Bandlaguda, Hyderabad, whereas the subject matter in O.S.No.4775 of 2O2I is 1OO Sq'Yds', which is part and parccl ol '100 Sq.Yds., which is subject matter of O S'No 1287 of20lB. t l t i I i i j 1 RY.J cRP 306 2024
4. Both the suits are filed seeking perpetual injunction claiming to be in possession. The parties to the suits are the same. Currently, the recording of evidence in O.S.No. 1287 of 2018 is completed and the suit in O.S.No.4775 of 2O2l is coming up for defendants evidence i-e. revision petitioners herein
5. During arguments in the present Civil Revision Petition, it is acknowledged by both [he parties that any decree passed in favour of one party in an1, 61 the suits ',vill be adversell, affecting rights of the other party. Further. the learned counsel for the reyision petitioners has agreed to rel,\,upon his evidence in O.S.No.1287 of 2018 recorded on behalf of plaintiffs to be considered as the evidence of defendants in O.S. No.4775 of 2O2l in order to expedite the disposal of botl-r the suits
6. In view of the consensus arrived at. the relief sought for is granted.
7. In the result, this Civil Rcvision Petition is allovved setting l aside the impugned order passed tr-r. the learned VIII Junior Civil ) Judge, City Civil Courr, Hrclcrabad in I.A.No.1755 of 2023 in O.S.No. 1287 of 20 18, claLed A4.O1 .'2024 Consequently, the 3 RY,J cRP 306 2024 I.A.No.1755 of 2023 is allowed and the suits in O'S'l'Ios'1287 of 2}la and 4775 of 2O2l are directed to be disposed of simultaneously b)' clubbing them There shall be no order as to costs. To, Pending miscellaneous petitions, if any' shall stand closed' //TRUE COPYI SD/- A.JAYASREE ASSISTANTREGISTRAR 6 SECTION OFFTCER I
1. The lX Junior Civil Judgem FAC Vlll Junior Civil Judge, Ci$ Civil Court, Hyderabad
2. The Vlll Junior Civil Judge, City Civil Court, Hyderabad, 3. One CC to SRI R BALA SUBRAMANYAM Advocate [OPUC] 4. One CC to SRI PARINIALA PARIGI Advocate [OPUC] 5. Two CD Copies HIGH COURT DATED:2411012025 DISPOSSED OFF oR ITIE S [a t C) t 16 r ,l 'r)l \ ;iij t Or t n, -, r, ,, tt:' '' ....i" . -'l)' CRP.No.306 of 2024 ..^ .)o q