✦ High Court of India · 21 Feb 2025

The High Court · 2025

Case Details High Court of India · 21 Feb 2025
Court
High Court of India
Decided
21 Feb 2025
Length
1,996 words

8. P. Srinivas, s/o late P. Swamy, aged about 44 years, Occ: Tax Consultart, Aged about 30 Years, Occ Hbusewife qnd Agriculture, !/o H.N9, 9-2-221' C"hampapet Village, Saroor Nagar Mandal, Ranga Reddy District 500069 ...Petitioner/Respondents/Defendants AND I I j I I I !

1. Mandala rlhinna Ramachandri, S/o late Ramaiah, age<i ab.ut 45 years, Occ: Agricullun:

2. Mandala [)asaratha, s/o late Ramaiah, aged about 35 years occ: Agriculture. 3. Mandala l) rantamma, w/o late Chinna Chennaiah, agerl ab.ut 60 years, Occ: Agricultur-e

4. Mandalra yadaiah, s/o late Chinna Chennaiah, aged abot.t 36 years, Occ: Agricr.rltlre

5. IVandala Sirrresh, s/o late Chinna Chennaiah, aged abor.rt 34 years, Occ: Agriclrlturo.

6. Mandalia F.zrju, s/o late Chinna Chennaiah, aged about 30 years, Occ: Agricult rre:.

7. Mand.al;r lj -irivas, s/o late Chinna Chennaiah, aqed ,abou t 25 vears. Occ: Agricrrtrrre,. (Ail the above reside at Dabilguda viilafie, wtitre:;rr*iriil'ri'anl-J, Ranaga Fl3 Jdy District).

8. s. Muktrrdzr Reddy, s/o Ram Reddy, aged about 40 years, occ: Aoricurture. resroflrg at li'renkarpur village. shamshabad Mandal, Ranga Reddy bistrict. ...Respondents/Defendants lA NO: 1 OF!0L! Petition ur,cre:r section 151 cpc praying that in the circumr,itances stated in the affidavit r:ileci ir suppod of the petition, the High court may br: pleased to stay the proceedin<rs ir suit o.s.No.182 of 2022 on the file of princripal Senior civil Judge at lbra r' irr,;r;rtna m, Ranga R€ddy Diskict during penclencv of the present Civil Revision Peii irtn. clvlL REV| SION F'ETITION NO : 616 OF 2025 Petition rn,lEr Arricte 227 of the constitution of lndia aggrieved by the order dated 30/09/110 2,1 I)assed in t.A. No.352 of 3024 in o.s. No.182 ot 2022on the file of the court o' trr r principar senior civir Judge, rbrahimpatnam, Ranga Reddy District. Between:

1. Poldasu lrerdramma, Wio p. Swamy, aged about 61 years, 2. Poldas.l S,t,i rny(Died per LRs), 3. P. Nirrrata VV/o. late Surender, aged about 46 years Occ:. l_16.15svv1;a. 4. P. Priyankir l/o late p. Surender, aged about 26 years, Crcc. l.lousehold 5. P Pranay Flari. d/o late p. Surender, aged about 24 years., Ocr:. Student 6. P. Sirer:s-rit J/o late p. Surender, aged about 22 years, C)cc. l:;tudent.

7. P. Raju, s/o late P Swamy, aged about 49 years' Occ' Business' ;1,"{i#i^r;q:U*Tl,,s"#'i-&!l{qffififi"#li;[3f 'tis.]J fiYfi;.1itrr1' bt'impapet Villase' Saroor Nasar Distr'rct - 500069)' "Petitioners/Plaintiffs AND

2. Agricultwe. 1 Mandala Chinna Ramachandri' S/o late Ramaiah' aged about 45 years' Occ- Agriculture. Mandala Dasaratha, s/o late Ramaiah' aged about 35 years' Occ' Agriculture' Mandala Shantamma, w/o late Chinna Chennaiah' aged about 60 years' Occ' Mandala Yadaiah, s/o late Chinna Chennaiah' aged about 36 years' Occ' Mandala Suresh, S/o late Chinna Chennaiah' aged about 34 years' Occ' Mandala Raiu' S/o late Chinna Chennaiah' aged about 30 years' Occ' Agriculture. Agriculture.

5. 6 Agriculture. MandaraSrinivas,sprgt9,,cij:Tir?ifi3,13""fi *ff ::r*"t.'-t,'#ii;30",!: Aoriculture. (All the above r€ Rinaga ReddY District)' :;#i#:t3,*",'-','re,i1""ft 3S,ixT,kft 3S:.?V?JfuT,h'ffi ;?Ta$'Jii'i'iii 7 8 "'ResPondents/Defendants IA NO: 10F 2025 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 stay the proceedings in suit O S No 182 of 2022 on the file of Principal Senior Civtl Judge at lbrahimpatnam, Ranga Reddy District during pendency of the present Civil Revision Petition' NO: 61 80F 2025 ETITION clvlL REVISIONP Petition under Anicle 227 of the constitution of lndia aggrieved by the Order dated 30/09/2024 Passed in l'A No 351 of 2024 in O'S' No'182 of 2022 on the file of the court of the principar senior civil Judge, rbrahimpatnarn, Ranga Reddy District 1 I I \ .l I i I I I I I I l I f I I i I Ii ! I t i i t I I i i I Between:

1. Poldasu Cf andramma, w/o P. Swamy, aged about €i1 , r:)sident of H.No. 9-2-221, Champapet Village, Saroor Nagar . Mandal, Ranga Reddy District - 500069.

2. Poldasu S;\,vamy, died Per Lrs, 3. P. Nirmrala, \/V/o late P. Surender. aged about 46 years, l)cc.House Wife, resident of i1 No. 9-2-221, Champapet Village, Saroor Nagar . Mandal, Ranga Reddy 0istr c,t - 500069.

4. P. Priyanka, d/o late P. Surender, aged about 26 yeiars, ,fcc. Household, resident of 11 No. 9-2-221, Champapet Village, Saroor Nagar . Mandal, Ranga Reddy E)islr,ct - 500069.

5. P. Pranay,tlani, d/o late P. Surender, aged about 24 years. - Occ. Student, resident of l{ No. 9-2-221, Champapet Village, Saroor Nagar . Mandal, Ranga Reddy' Dislnct - 500069.

6. P. Sireesh:r, d/o late P. Surender, aged about 22 year:,;, Occ. Student, resident of ]1 No. S-2-221 , Champapet Village, Saroor Nagar . Mandal, Ranga Reddy' Dislr ct - 500069.

7. P. Raju, s/o late P. Swamy, aged about 49 years, Occ Bus ness, resident of H.No. 9.2-221 , Champapet Village, Saroor Nagar . lr4andz'1, Ranga Reddy District -. 500069.

8. P. Srinirras, s/o late P. Swamy, aged about 44 years, Occ. Tax Consultant. Aged aboul 30 Years, Occ. Housewife and Agricultu'e, rr:sidenl of H.No. 9-2-221, Champapet Village, Saroor Nagar . Mandal, Ranga Reddy District - 500069. ...Petitioner/Respondr::nts/Defendants AND 1 . Mandala tl lrinna Ramachandri, s/o late Ramaiah, aged aborrt 45 years, Occ. Agriculture, R/o Dabilguda Village, Maheshwaram l\,4andal Ranaga Reddy District.

2. Mandala []asaratha, s/o late Ramaiah, aged about:15 years, Occ. Agriculture. Ri/o Dabilgr:,Ja Village, Maheshwaram l\r1andal, Ranaga Redd y District.

3. Mandaler {ihantamma, Mo late Chinna Chennaiah, aged abor-rt 60 years, Occ. Agriculture, tVo Dabilguda Village, tvlaheshwaram Mandal Ranaga Reddy District.

4. MandaleL Yzrdaiah, s/o late Chinna Chennaiah, aged aboui 36 years, Occ. Agriculturr:, tVo Dabilguda Village, Maheshwaram lrlandal Ranaga Reddy District.

5. Mandala Sirrresh, s/o late Chinna Chennaiah, aged about 34 years, Occ. Agriculturc', IVo Dabitguda Village, Maheshwaram lt4ardal Ranaga Reddy Distric'i.

6. Mandala R;a1u, s/o late Chinna Chennaiah, aged about 30 years, Occ. Agricultun: F{/o Dabilguda Village, Ivlaheshwaram lr,4ardal Ranaga Reddy Districl:. 'X;;r;'f, li*:''H,"f 'r,"J,'*rlilE?l1'#S"^lHHn*#"$f"T'11'-'""ff affi"; District. 'i;#ffi :f 3ft?iXY;fii,ffi 't?T'{;fiSSi'ffi Hiifl il3i3;REEi'i'#&?iH*' "'ResPondentsJDefendants IA NO: 10F 2025 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 stay the proceedings in suit O'S No 182 ot 2O22 on the file of Principal Senior Civil Judge, lbrahimpatnam, Ranga Reddy District during the pendency of the present petition. Counsel for the Petitioners in all CRPs : Sri Kavadi Naresh Counsel for the Respondents in all CRPs : - -- The Court made the following: COMMON ORDER l i I ! ! l Llr E_H_ONOU n qBLE SRr JUSTTC 2025 coMMoN gBg_E_Bi Since the issue in these Revision Petitions is one and the same, they,arr: lreing decided by this Common Order

2. Heard Mr. Kavadi Naresh, learned counsel for the p(:titioners.

3. The instart Revision Petitions have been filed by l.he petitioners challenging the orders dated 30.09.2024 in LA.Nos.l51, 352 and 353 of 2024 in O.!i.\o.182 of 2022 passed by the prt. Senior Civit ludge, Ibrahimpatnan'], Ranga Reddy District.

4. Vide tl^re irnpugned orders; the Trial Court has rejected the aforesaid thrr36' 1.4s. filed by the petitioners herr:in to r,::call pW.2 for the purpose of' rr,arking additional documents, to rec,pen the evidence of PW.2 for thr: purpose of marking additional dr>currrents and to receive addition,rl doiuments i.e. the certified copies of pahanies for the years .1.99,>--92, t994-95 and 1996-97 so as to nrark them as exhiblts.

5. The contertion of the petitioners is that along r,rrith the suit filed for perpetu;rl irrj-rnction, they had produced certain r:ertit,ied copies of r:rilii:ir:. Pahanies for the years 1992-92, 1994-95 and 1996-97 in support of their contentions. The suit was one which was instituted in the year

2014. However, when the plaintiffs witnesses were examined, the said documents in spite of being there in the record were somehow not marked as exhibits. Subsequently, with the leave of the Court, these documents were put before the defendants in tfrc course of their evidence and while confronting the documents the said witnesses have admitted the contents of these documents and also the entries made in the Pahanies. The matter was thereafter posted for final arguments and it is at the stage of final arguments that these three I.As. were filed and the Trial Court after considering the contentions put fotth by either of the parties reached to the said conclusion.

6. Since there is already an admission on the part of the defendants so far as the.contents and the existence of Pahanies of the relevant period, not marking of the said documents would not cause any prejudice to the interests of the petitioners. Further, the Trial Court ,found that no specific reasons have been made out by the petitioners as to why these documents were not marked at the first instance or while the examination-in-ch ief was done.

7. The instant Revisions are filed by the petitioners under Article the Constitution of India and the scope of interference under 227 1) \ Article 227 is, ()r't y restricted to perversity in the finding given by the Trial court or l:he're being any jurisdictional or clerical error, or glaring dispute so far as the finding of facts is concerned. In the instant Revisions, the pre1ili66srs have not been able to Show any of these grounds, coupler<l with the fact that it is a case where DW.1 himself has admitted of jl-rr: entries made and the existence of patranies of the rehevant perioci ,e. for the years 1992-92, t9g4-95 anct 1996_97. In the teeth of th,: said finding of fact given by the Trial cotrrt, this court also finds the irlpugned orders passed by the Trial Court to be proper, legal and justifir:r1 in the given factual backdrop withorit warranting any interference at t tris juncture,

8. Thus, thr: nstant Civil Revision petitions fa I and they are accordingly re je,::ed. 9 As a sr:qLrr:1, miscellaneous petitions pending if an1,, shall stand closed. No orciel as to costs. To, //TRUE COPY// SDT. P. CH. NAGAI}HUSHAMBA DEPUTY REG]STRAR t. - SECTTON OFFICER ) \

1. The Prin,:itral llanior civil Judge, lbrahimpatnam, Ranga tledcv District Z. One CC to Sri Flavadi Naresh, Advocate [OPUC] 3. Two CD CoPie s w ADI(IVIP HIGH COIJRT DATED:21 tO2t2O2S v i COMMON ORDER CRP.Nos.614, 616 & 618 of 2025 , "',,rr t t' i \.. I \'i \ (\ ? 0 JiiN 206 :.Sr'^, i-, REJECTING ALL THE GRPs WITHOUT COSTS

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