✦ High Court of India · 27 Jan 2025

Miscellaneous Appeal No. 433 of 2019 · The High Court · 2025

Case Details High Court of India · 27 Jan 2025
Court
High Court of India
Case No.
Miscellaneous Appeal No. 433 of 2019
Decided
27 Jan 2025
Length
1,276 words

2. AnilKumarRathi, S/o.Sri Vallabh Radii, aged about 41 years, Occ- Business, R/o.3-5-6/4, Ramkoti, Secunderabad. I AND ...PETITIONERS/PETITIONERS/ RESPONDENT Nos.5 and 6/ DEFENDANT Nos.S and 6 Gadapaka Jeeva Ratna Kumar, S/o. Korelius David, Christian, Aged about 53 years, Business R/o. P/8a9,45, Mahalpye, Botswana, Rep.by his GPA Holder Sri U.Ramakrishna, S/o. Late U.S Vincent,43 years, Occ. Advocate, R/o.Flat No.201, Manju Plaza, Bhagyanagar Colony, Kukatpally. ...RESPONDENT No.1/RESPONDENT No.1 PETITIONER/PLAINTIFF

2. J.V.S Ramesh, S/o. J.P Vittal Rao, Aged about 38 years, Occ. Business, R/o. H.No. 10-3-218, Sripuri Colony, East Marredpally, Secunderabad. 3. Smt. J. Durgamaba,, Wo. J.V.S Ramesh, Aged about 36 years, Occ. Busrness, R/o. Flat No. 4A4, Jagruty Residency, Street No. '10, East Marredpally, Secunderabad.

4. Chinda Venkata Kanaka Poorna Chandra Raju, Slo. Chinda Raghava Raju, aged about 37 years, Occ. Business, R/o.1470, lndira Colony, Ei- Venkatapu ranr Pa nchayaty, tvladhepally Road, Eluru, West Godavari, A.p - 534 001.

5. Sri Ramaiah ['illai Shanmugam, aged about 55 years, Occ. Business, R/o. H.No. 50-1 6-1 4/A, Rajendranagar, Near Apoorva Hospital, Sitammapet, Visakapatnam. A.P- 530 016. ...RESPONDENT Nos.2 to S/RESPONDENTS Nos.2 TO 5/ RESPONDENT Nos.2 to s/DEFENDANT Nos.1 to 4 lA NO: 1 OF 2019 in C.LP.No.925 of 2019: 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 219 ot 2017 on the file of the Honorable Xll Additional Chief Judge. City Civil Court, Secunderbad pending disposal of the above CRP otherwise the Petitioners will suffer grave loss and irreparable injury. CIVIL REVISION PETITION NO: 935 0F 2019 I . Petition under Article 227 of the Constitution of lndia aggrieved by the Orlerdated 05.01.20'19 passed in l.A. No. 13 of 2019 in t.A. No. 1692o12018 in O.S. No 219 of 2017 on the file of the court of the Xll Additional Chief Judge, City Civil Court, Secunderabad. Between: '1 . Shyam Sunde,. Baheti. S/o. Motilal Baheti, aged about 48 yrs, Occ- Business, R/o. 4-7--105, Esamia Bazar, Secunderabad.

2. AnilKumarRathi, S/o.Sri Vallabh Rathi, aged about 41 years, Occ- Business, R/o.3-5-6iA, Ramkotl, Secunderabad. AND ..,PETITIONERS/PETITIONERS/ RESPONDENT Nos.5 and 6/ DEFENDANT Nos.S and 6 1 Gadapaka Jeevan Ratna Kumar, S/o. Korelius David, Christian, Aged about 53 years, Business R/o. P/8a9,45, Mahalpye, Botswana, Rep.by his GpA Holder Sri U.Ramakrishna, S/o. Late U.S Vincent, 48 years, Occ- Advocate, R/o.Flat No.201, Manju Plaza, Bhagyanagar Colony, Kukatpa y. ..RESPONDENT No.1/RESPONDENT No.1 PETITIONER/PLAINTIFF

2. J.V.S Ramesh, S/o. J.P Vittal Rao, Aged about 38 years, Occ- Business, R/o H.No 10-3-2/8 Sripuri Colony, East Marredpally, Secunderabad. 3. Smt. J. Durgamaba, Wo. J.V.S Ramesh, Aged about 36 years, Occ- Business, Rio. Flat No. 4A4, Jagruty Residency, Street No. .10, East Marredpally, Secunderabad.

4. Chinda Venkata Kanaka Poorna Chandra Raju, S/o. Chinda Raghava Ra.iu, aged about 37 years. Occ- Business, Rlo.1470,lndira Colony, VenkatapuramPanchayaty, IVadhepally Road, Eluru, West Godavari, A.P -534 00'1

5. Sri Ramaiah Pillai Shanmugam, S/o. Late Ramaiah Pillai, aged about 55 years, Occ- Business, R/o. H.No. 50-16-141A, Rajendranagar, Near Apoorva. Hospital, Sitammapet, Visakapatnam, A.P- 530 016. ...RESPONDENT Nos.2 to S/RESPONDENTS Nos.2 TO 5/ RESPONDENT Nos.2 to S/DEFENDANT Nos.1 to 4 IA NO: 1 OF 2019 in C.R.P.No.935 of 2019: 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 all further proceedings in OS.NO.21912017 on the file of the Honorable Xll Additional Chief Judge, CCC, Hyderabad pending disposal of the above CRP otherwise the Petitioners will suffer grave loss and irreparable injury. CIVIL MISCELLANEOUS APPEAL NO: 433 OF 2019 ' Appeal filed under Order XLlll against the order dated 21.01.20'19 passed in l.A. No. 1692 of 2017 in O.S. No. 219 of 2O1B on the file of the court of the Xll Additional Chief Judge, City Civil Court, Secunderabad. Between:

1. Shyam Sunder Baheti, S/o. Motilal Baheti, aged about 48 yrs, Occ- Business, Rlo. 4-7-105, Esamia Bazar, Secunderabad.

2. AnilKumarRathi, S/o.Sri Vallabh Rathi, aged about 41 years, Occ- Business, R/o.3-5-6/A, Ramkoti, Secunderabad. ..,PETITIONERS/ RESPONDENT Nos.5 and 6/ DEFENDANT Nos.S and 6 AND Gadapaka Jeevan Ratna Kumar, S/o. Korelius David, Christian, Aged about 53 years, Business R/o. P/Bag, 45, Ivlahalpye, Botswana, Rep.by his GPA Holder Sri U.Ramakrishna, S/o. Late U.S Vincent, 48 years, Occ- Advocate, R/o.Flat No.201, Manju Plaza, Bhagyanagar Colony, Kukatpally. ...RESPONDENT No.1/ PETITIONERYPLAINTIFF

2. J.V.S Ramesh, S/o. J.P Vittal Rao, Aged about 38 years, Occ- Business, R/o H.No. 10-3-218, Sripuri Colony, East Marredpally, Secunderabad. 3. Smt. J. Durgamaba, Wo. J.V.S Ramesh, Aged about 36 years, Occ- Business, Rio. Flat No. 4A4, Jagruty Residency, Street No. 10, East Marredpally, Secunderabad.

4. Chinda Venkata Kanaka Poorna Chandra Raju, S/o. Chinda Raghava Raju, aged about 37 years, Occ- Business, Rlo.1470,lndira Colony, VenkatapuramPanchayaty, Madhepally Road, Eluru, West Godavari, A.p -S34 001.

5. Sri Ramaiah Pillai Shanmugam, S/o. Late Ramaiah pillai, aged about 55 years, Occ- Business, R/o. H.No.50-16-14/A, Rajendranagar, Near Apoorva. Hospital, Sitarnmapet, Visakapatnam, A.p- 530 016. ...RESPONDENT Nos.2 to S/ RESPONDENT Nos.2 to s/DEFENDANT Nos.1 to 4 IA NO: 1 OF 2019 in C. M.A.No.433 of 2019 Petition under Section 15'l cPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the Hlgh court may be pleased to suspend the Order dated 21.01.2019 in l.A. No. 1692 of 2011 in O.S. 219 of 2017. pending disposat of the above cMA on the Honble Xll Additional chief Judge, city civil court, secunderabad otherwise the petitioner will suffer grave and irreparable inju ry. Counsel for the Petitioner in both C.R.p.s enil in crua : SRI A. VENKATESH Counsel for the Respondents in both C.R.p.s And in CMA : NONE APPEARED The Court delivered the following: COMMON JUDGMENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CIVIL REVISION PETITION Nos.925 AND 935 OF 2019 AND CIVIL MISCELLANEOUS APPEAL No.433 OF 2019 COMMON GMENT: (Per Hon'ble Sri Justice Abhinand Kumar Shavili) When the matters are taken up for hearing, learned counsel for the petitioners/appellants has informed the Court that the subject matter of the present Civil Revision Petitions and the Civil Miscellaneous Appeal has become inJructuous.

2. Recording the said submission, the Civil Revision Petitions and the Civil Miscellaneous Appeal are dismissed as infructuous There shall be no order as to costs. Miscellaneous Applications, if any, pending shall stand closed. i/TRUE COPY// Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR I SECTION OFFICER . The Xll Additional Chief Judge, City Civil Court, Secunderabad . One CC to Sri A. Venkatesh, Advocate [OPUC] . Two CD Copies 2 \) To, 1 p lpw HIGH COURT DATED:2710112025 COMMON JUDGMENT CRP.No.925 AND 935 of 2019 AND CMA.No.433 OF 2019 k o$ lrlE Si,1 Ir.l c (-) 3 t) Rpt 2p5 t .lorr.r{:tlt'.o S1 }. I *f i I DISMISSING THE BOTH C.R.Ps AS INFRUCTUOUS AND DISMISSING THE CMA AS INFRUCTUOUS @ ol--1 6

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