The High Court · 2025

8. Smt. Bikhis Fatima, D/o Late Syed Mahmoodullah Hussaini Wio Mohammed Khazam Hussaini,4T years, House wife, R/o.H.No.'18-'1241810.35, Hageeababanagar,Near Bandlaguda, Keshogiri, Hyderabad.

9. Syed Raza Ali Hussaini, S/o Late Syed Mahmoodullah Hussaini, 42 years, Occ. Private Serevice, R/o.H.No. 1-8-1 005, SriRamnagar,.Bagh Lingampally, Nallakupta, Hyderabad,Telangana. .a- '10. Smt. Shameem Unnisa, D/o Late Syed Mahmoodu lah Hussaini, Wo. yei:lrs, Housewife, Mohammed Abdul Waheed, 37 R/o. H. No. 1 B.B. 2241451,R.N.Colony, Riyasathnagar, Hyderabad. 1 1. Syed Afzaullah Hussaini, S/o Late Syed Mahmoodullah Hussaini, 37 years, R. N.Colony, Riyasathnagar, Private Service, R/o.H. No.'18.8.2241451 , Hyderabad-

12. Syed Nasareen Begum, D/o Late Syed Mahmoodullah Hussaini, 33 years, Housewife, R/o.H.No.1B.'11.3, Barkas, Chandrayan,;utta, Bandlaguda, Keshogiri,Hyderabad.

13. Smt. Shaheen Begum, D/o Late Syed Mahmoodutlah Hussaini, Wo Mohammed Haneef, 32 years, Housewife, R/o.H.No. 18.13.36, C ha nd raya ng u tta, Bandlaguda, Hyderabad.

14. Smt. Shahana Begum, D/o Late Syed ltlahmoodullah Hussaini, Wo. Mohammed Basheeruddin, 30 years, Housewife, F/o.H.No.1 -B-1005, SriRamnagar,. Bagh Lingampally, Nallakunta, Hyderabad

15. Syed Sarwarullah Hussaini, S/o Late Syed ]vlahmoodullai Hussaini, 29 years, Private Servant, R/o.H.No.1-B-1005, SriRamnagar,.l3agh Lingampally, Nallakunta, Hyderabad.

16. Smt. Shabana Begum, D/o Late Syed Mahmoodullah Hrtssaini, Wo. Mohd. Ghouse, 29 years, House Wife, R/o.H.No.1 -8-1005, SriRamnagar,. Bagh Lingampally, Nallakunta, Hyderabad.

17. Smt. lrfana Begum, D/o Late Syed Mahmoodullah Hr,rssaini, Wo. Mohd_ Omer Ali, 28 years, House Wife, R/o.H.No.18-2-762111,,\, Falaknuma Gem Colony, Hyderabad.

18. Syed Razaullah Hussain, S/o Syed Hameedullah Hussaini, 37 years, Car Mechanic, R/o H.No.1-B-1005, SriRamnagar,.Bagh Lingermpally, Nallakunta, Hyderabad, 1 9. Syed Noorullah Hussaini, S/o Syed Hameedullah H ussaini, 34 years, Electrician, R/o. H.No.'1 -8-1 005, SriRamnagar, Nallakunta, Hyderabad.

20.Tahera Fatima, Dio Syed Hameedullah Hussaini Wo lr/ohammed Anwar Ahmed, 32 years, House Hold, R/o.H.No.3-5-78211011t12, Himayatnagar, Hyderabad.

21. Sameera Fatima, D/o Syed Hameedullah Hussaini, 30 lears, House Hold, R/o.H. No.'1 -8-1 005, SriRamnagar, Nallakunta, Hyderabad.

22.Zenath Fatima, D/o Syed Hameedullah Hussaini Wo. Mord. Riyaz, 28 years, House Hold, R/o. H.No. 1 -B-1 005, SriRamnagar, Nallakunta, Hyderabad.

23. NadeemUllah Hussaini, S/o Syed Hameedullah Hussaini, 26 years, Car Mechanic, R/o. H-No.'1 -8- l 005, SriRamnagar, Nallakunta, t.{yderabad.

24. Syed Hassadullah Hussaini, S/o Syed Abbas Ali Hussaini, Aged about 46 years, Business, Resident of H. No. 2-3-512127n1A, Bap.r Nagar, Amberpet, Hyderabad.

25.Afzalunnisa Begum @ Afzal Bee, D/o Syed Abbas Ali Hr- ssarni Wo Ghouse Pasha, aged about 44 years, Household, Resident of H. l,lo_ 19-4-2791D1465, Jahanuma Teggalkunta, Charminar.

26. Syed Khalilullah Hussaini, S/o Syed Abbas Ali Hussaini, Aged about 40 years, Driver, Resident of H. No. 1-8-1005/2, Sri Ram Nagar, Baghlingampally, Nallakunta, Hyderabad, Telangana.

27. Smt. Afsarunnisa Begum, D/o Abbas Ali Hussaini Wo Mohammed Mazher, aged about 38 years, household, Resident of H. No. 17-2-1208, Jawaharpura, Rain Bazar, Hyderabad.

28. Syed Khaledullah Hussaini, S/o Syed Abbas AIi Hussaini, Aged about 36 years, Driver, Resident of H. No. 1-8-100512, Sri Ram Nagar, Baghlingampally, Nallakunta, Hyderabad, Telangana.

29. Smt. Qamarunnisa Begum, D/o Syed Abbas Wo Mohammed lnayath, aged about 34 years, household, Resident of H No. 17-8-5331194, Chanchalguda, Bagh-e-Nahanara, Hyderabad.

30. Smt. Qaiserunnisa Begum, D/o Syed Abbas Ali Hussaini Wo Mohammed Hammed, aged about 32 years, household, Resident of H. No. 19-2-04, Tadbun, Bahadurpura, Hyderabad.

31.Smt. Rahmathunnisa Begum, D/o Syed Abbas Ali Hussaini Wo Mohammed Osman, aged about 30 years, household, Resident of H. No. 17-3-6381N1, Zaff er Road, Yakutpura, Hyderabad.

32. Syed Farooqullah Hussaini, S/o Syed Abbas Ali Hussaini, Aged about 28 years, Mechanic, Resident of H. No. 1-8-'1005, Sri Ram Nagar, Baghlingampally, Nallakunta, Hyderabad, Telangana.

33. Safia Sulthana, Wo Late Syed Asadullah Hussaini @ Syed Hasadullah Hussaini Syed Hassad, Aged about 53 years, Household, Resident of H. No. 2-3-51 2127 n 1 I A, Bapu Nagar, Amberpet, Hyderabad-'1 3.

34. Syed Azarullah Hussaini, S/o Late Syed Asadullah Hussaini @ Syed Hasadullah Hussaini @ Syed Hassad, Aged about 28 years, Business, Resident of H. No. 2-3-512127n1A, Bapu Nagar, Amberpet, Hyderabad-13.

35.lshratunnisa, D/o Late Syed Asadullah Hussaini @ Syed Hasadullah Hussaini @ Syed Hassad, Aged about 28 years, Household, Resident of H. No. 2-3- 512127 17 1 lA, Bapu Nagar, Amberpet, Hyderabad-13. 36, Nikkathunnisa, D/o Late Syed Asadullah Hussaini @ Syed Hasadullah Hussain @ Syed Hassad, Aged about 25 years, Household, Resident of H. No 2-3-512127171IA, Bapu Nagar, Amberpet, Hyderabad-13.

37.Chand Sultana, Wo Late Syed Afzalullah Hussaini, Aged about 39 years, household, Resident of H. No. 1-8-1 005/3, Sri Ram Nagar, Baghlingampally, New Nallakunta, Hyderabad.

38. Khatija Begum, D/o Late Syed Afzalullah Hussaini, Aged about '15 years, student, rep.by mother Khatija Begum, Resident of H. No 1-8-1005/3, Sri Ram Nagar, Baghlingampally, New Nallakunta, Hyderabad.

39. Syed Akbarullah Hussaini, S/o Late Syed Afzalullah Hussaini, Aged about '12 years, student, rep.by mother Khatija Begum, Resident of H. No. 1-B-1005/3, Sri Ram Nagar, Baghlingampally, New Nallakunta, Hyderabad

40.Smt. Yousuf Begum (Died per LRs R2 and R3), No Address

41. Dr. Mahmod Shareef, S/o Khasim Shareef, 45 years, Occ. Medical Service, R/o/H.No.4-1 1 -59,Attapur, Rangareddy District.

42. Smt. Haji Begum @ Malak Begum, D/o Khasim Shareef, 65 years, Occ. Household, R6 H.ru5.a-t 1-59, Ati'apur, Rangareddy District

43. Tajunnisa Begum (Died)

44. lsamil Bee (Died)

45.Abdul Bari (Died)

46. Kulsum Begum (Died)

47. lmami Begum (Died)

48. Mahmooda Begum (Died) lA NO: 1 OF 2025 ... Res Po n d en ts/Res Po n de nts Petition under Section 151 CPC praying that in the circr mstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in A.S No.21 ol 2019 on the file cf the court of the Principal District and Sessions Judge, Ranga Reddy at L B. Nagar, pending disposal of civil revision Counsel for the Petitioner: Mr. R.R. Kalyan Counsel for the Respondents: Sri Mirza Nisar Ahmed Baig The Court made the following: ORDER ,/ ORDER: THE H ONOURABLE SRI J UST CE P.SAM OSHY CIVIL REVISION PETITION NO.73O OT 2025 The present Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the order dated

25.02.2025, in I.A.No.622 of 2025 in AS.No.21 of 2Qt9, passed by the Principal District and Sessions Judge, Ranga Reddy District, at L.B. Nagar.

2. Heard Mr. R.R. Kalyan, learned counsel for the petitioner.

3. Vide the impugned order, the First Appellate Court has dismissed a petition filed under Order XLI Rule 17 Section 151 of Civil Procedure Code, 1908 (for short, 'CPC') seeking for setting aside of the ex-parte order dated 08.06.2022 passed against the petitioner herein in A.S.No.21 of 2019.

4. The brief facts of the case are that an appeal vide A.S.No.21 of 2O!g was preferred before the First Appellate Court by the respondents herein against the judgment and decree dated 08.03.2016, in I.A.No.7B3 of 2016 in O.S.No.455 of 2009, on the file of the Additional Junior Civil Judge-cum-XVII Metropolitan Magistrate, Cyberabad, at RajendranuguJf].'" petitioner herein is \ respondent No.10 in the appeal. The notices havirrg been issued in ..1 the appeal, the petitioner herein chose not to cortest the case at that point of time in spite of proper service and remained absent from the hearings continuously. In spite of rep,lat notices been served upon the petitioner herein, he still wer)t unrepresented before the First Appellate Court, and in the pi-ocess, the First Appellate Court was left with no other option but to proceed ex- parte against the petitioner herein vide order datec 08.06 .2022. The appeal in due course of time progressed and rea:hed its fag end, and suddenly, the petitioner woke up from the slumber and approached the First Appellate Court by moving a petition under Order XLI Rule 17 of CPC for setting aside of tle ex-parte order dated 08.06.2022 and permit him to contest the case on merits.

5. The petitioner in the course of arguing his case, contended that he recently came to know about the fact tltat there was an appeal filed and in which he is respondent No.10 and that he has been proceeded ex-parte. He immediately rushed the Court with the said petition and prayed for setting aside of the e(-parte order and permit him to contest the case on merits. t,\

6. However, upon perusal of the records, the First Appellate court found that notices were issued again to the parties, incrudrng the petitioner. In spite of service of notice again, he did not appear. Therefore, the First Appellate Court was reluctant in accepting the plea raised by the petitioner herein. To make things worse, upon the court offering a condition for setting aside the ex-parte order, the petitioner would have to argue the case finally on the very same day on which the I.A. came up for consideration, it was outrighuy refused by the learned counser for the petitioner, which made things evidently clear for the court to infer that the petitioner had filed the said I.A. only with an intention of protracting the proceedings and it was in this context that in spite of proper service of notice, he chose not to contest the case and then filed a petition at the fag end when the matter was flxed for arguments of the respondents. Accordingly, the First Appellate court rejected the apprication preferred by the petitioner herein.

7. Now to consider the contention of the petitioner and his grievance, this court needs to look into the contents oF the petition filed under order XLI Rule 17 of cpc, as also the submissions and contentions which the learned counsel for the pet tioner had made ..t before the First ApPellate Court.

8. As regards the contention of the petitioner that he was not properly served and that he came to know abrut the ex-parte proceedings only recently on 10.02.2025, this cortention may not be sustainable for the reason that records show that the notices issued were duly served upon his daughter Ms. Si anella, and there is no rebuttal in this regard. Further, the records also show that the repeat notice also was duly served and still there was no appearance. On the contrary, the petitioner has failed to show that the notice has not been served upon him till date. It is also highly improbable that in spite of the fact that 9. respondents all of them interconnected and relal ed to each other the fact regarding the proceedings and'the pendency of the matter would not had been dlscussed among the respordents within the family is difficult to accept. Moreover, the petitioner has also failed to avail the opportunity of arguing his case fina ly when the First Appellate court had offered him as a condition fo-setting aside the ex-parte order. All this would go to clearly indicate that the very purpose of filing the petition under Order XLI Rule 17 of CPC at this belated stage when the matter is posted for final arguments of the respondents was with a mala flde intention of protracting the matter fu rther.

10. Thus, in the absence of any strong case made by the petitioner toholdthattheviewtakenbytheFirstAppellateCourtwas improper, bad in law or contrary, this Court does not find any strong case made out calling for an interference to the impugned order, particularly exercising writ jurisdiction, that too the supervisory writ jurisdiction where the scope of interference is only in the event of perversity or jurisdictional error.

11. The Civil Revision Petition fails, and is accordingly, dismissed

12. As a sequel, miscellaneous petitions pending if any, shall stand closed. However, there shall be no order as to costs' //TRUE COPY// SD/- T. JAYASREE DEPUTY REGISTRAR ECTION OFFICER 'o'',l . ,nu Principal District and Sessions Judge' Ranga Reddy District at L B.Nagar , b"'"'tt t" Mr' R R Kalvan' Advoc'!" tqlucl. 3 one CC to Sri rvri"' iif,llinrn"o a'ig'- Advocate [OPUC] 4. Two CD CoPies Kam/qh- rfr_ i i I I HIGH COURT DATED:1310312025 O ORDER CRP.No.730 of 2025 1r Ir E S t4 k o d1 1E .Ul'l fl6 !j + Dl'r"',r.,,,o * DISMISSING OF THE CIVIL REVISION PETITION (+- 2L d ') -{- o