The High Court · 2025
Case Details
Acts & Sections
Smt.Hemlatha, W/o Late Om Prakash, Aged 66 years, Occ. House wife, R/o House No 69, Old Mudfort, Sec- Bad 500009. Jeevan Prakash, S/o Late Om Prakash, Aged 37 years, Occ. Private Employee, R/o House No 69, Old Mudfort, Sec-Bad 500009. Suraj Prakash, S/o Late lvl Om Prakash Aged 34 years, Occ. Private Employee R/o House No 69, Old Mudfort, Sec- Bad 500009. ..Petitioners/Defendants 1 to 3 AND
1. Ramesh Kumar @ Ramesh Kumari, (Died per Legal Representatives) 2. Anand Kumar Dhull, S/o Late ShivnarayanDhull, aged 54 years, Occ. Business, R/o Plot No 52, ChandulalBowli, Sikh Village Sec- Bad 500009. 3. Tarun kumar Dhull, S/o. Anand Kumar Dhull, Aged about 36 years, Occ. Business, R/o. Plot No.52, Chandulalbowli, Sikh Village, Secund'erabad-So0 009, TG +. Illf,ql KumarOhull, 9o. Anand Kumar Dhull, ASed 34 years. Om Business, R/O. Plot no. 52, Chandulalbowli, Stkh Village, Secunderdbad-s0o 009, TG 5. Ashish Kumar Dhull, S/o. Late Ramesh Kumar Dhull, Aged about 38 years, Occ. Business, R/O. 5, Bearers Lane, Sikh Village, Secunderabad-S0d 009, TG. o Ajit Kumar, S/o. Late Sri Veer Bhan Bandula Aged about 89 years. Occ. Rtd. From Service, Rlo. 2781 SIENN |AKES DRIVE, API- No. 2209 NAPLES, FLORIDA 34109 UNITED STATES Represented by his GPA Hotder Mr.Anand Kumar Dhull S/o.Late Sri Shivanarayan Dhull, aged about 63 yrs. Occ Business, R/o. Plot No.52, Chandulalbowli, Sikh Village, Secunderab-ad- 500 009, TG. : t I I I i I i I I I I l I €*=-7 7 Nay Kumar, S/o. Ajit Kumar, Aged about 63 years. Occ. Private Service, R/o- '19355, County Word Drive, YORBA LINDA, California 92866 USA, Represented by his GPA Holder Mr.Anand Kumar Dhull, S/o.Late Sri Shivanarayan Dhutf, aged about 63 yrs. Occ. Business, Rlo. Plot No.52, Chandulalbowli, Sikh Village, Secunderabad-500 009, TG
8. Raj Kumai, S/o. Ajit Kumar, Aged about 59 years, Occ.Pvt. Service, R/o. 3540, AQUETONG ROAD, CARVERS VILLE, PENNSYLVANIA-18913, USA. Represented by his GPA Holder Mr.Anand Kumar Dhull S/o.1 ate Sri Shivanarayan Dhull, aged about 63 years. Occ. Businees, R/o. Plot Sikh Villa No.52, Chanduialbowli, Sikh Village, Secunderabad-s00009, TG
9. Vijay Kumar. S/o. Sri Ajit Kumar, Aged 57 yrs. Occ. Private Service, R/O. 308, BENDEIVIEER DRIVE Evergreen COIORADO-80439, USA, Represented by his GPA Holder Mr.Anand Kumar Dhull S/O. Late Sri Shivanarayan Dhull, aged about 63 yrs. Occ. Business, RlO. Plot no. 52, Chandulalbowli, Sikh Village, Secunderabad-5O0 009, TG
10. Miss Renu Kumar, D/o. Ajit Kumar, Aged about 61 years, Occ- Pvt. Service, R/O. 12M0, DATURA PALACE NAPLES, FLORIDA-M120, USA, Represented by his GPA Holder Mr.Anand Kumar Dhull S/o.Late Sri Shivanarayan Dhull, aged about 63 years. Occ. Business , R/o. Plot No.52, Chandulalbowli, Sikh Village, Secunderabad-500 009, TG 1 1 . Saleem, S/o not known to Petitioners. Aged Major, Occ. Not Known, (Not)Tenant of House No 69 Old Mudfort, Sec-Bad 500009.
12.Raiesh Patcha, S/o Late Nageshwar Rao, Aged 30, Occ Private Employee, R/o House No 69, Old Mudfort, Sec- Bad 500009.
13. M/s Blue Star (Services Centre), (Lakshmi Sai Refrigeration and Air Conditioning) R/o. House No. 95/A, First Floor, Old Mudfort Sec-bad 500009.
14. Kankaiah, S/o llaliah , Aged 38, Occ. Business,R/o Shop No. 95/A, Ground Floor, Old Mudfort Sec-bad 500009.
15.Q.Sayeed UzzamanQuasmi, Slo Haii hlod Yamrn, Aged 32, Occ. Business Prop. Restolex Furniture Shop No 2-2-132 /'152, Ground Floor, Tadbund Cross Roads, Sec-bad -500009.
16. Sajid tulalik, Sio Haji Mod Yamin, Aged 30, Occ. Private Employee, C/o Restolex Furniture Shop No 2-2-132 /152, Ground Floor, Tadbund Cross Roads, Sec-bad -500009. '17, Sunder Raj, S/o Late M Arnj, Aged.36, Occ. Private Employee, R/o House No 70, Bearers Lane, Secunderabad-500009. lB.Michael Selvaraj, S/o Late Michael, Aged.66, Occ. Private Employee, R/o House No 2-7-122, Bearers Lane, Sec-bad 500009.
19. Smt Payal Khanna @ Amar Kumari, Wo Ritesh Khanna , Aged 48 , Occ Pvt Service R/o Flat No 402, Legend Sri Charan Apts SBI Colony Gandhi Nagar Secunderabad- 500080.
20. s N D mt Meera Khanna, Wo Vikas Khanna , Aged 46 , Occ House wife, R/o Flat o 401, JayaKrishna Residency, street No 10, Gagan Mahal Colony omalguda Hyderabad 500029. ...Respondents/Plaintiffs/Defendants IA NOilo F2025 r n -the petition under Secl . yil j th e circu m sta n ces sra red arrid a vii ;H iff;r,,|,i',t' :i,fff"ft:r; : ?,,, grant stay of the proceed'ir".-i" ri'.i fj'":1"^tl:^Irgh court may be pteased to chier Juige, s[;;;;;is,s in o s' No 51 or 202r ;i1 j"'ai' n' ;' $;;;,' ;; "fJ'J,.: J[?itJJl ^H:X[:X pet t,o n i n th e i n te rest ",, SRI ALETI SRINTVAS Counsel for the petitioner: Counsel for the Respondent Nos.2 to 4: SRI CH.SIDDHARTHA SARMA Counset for the Respondent No.1 : none appeared The Court made the following: ORDER l t l I l. :l THE HONOURABLE SMT. JUSTICE RENUKA YARA C.R.P.No.1344 of 2O25 ORDER: Both the learned counsel present' Heard Sri Aleti Srinivas' Iearned counsel for the petitioner and Sri CH' Siddhartha Sarma' learned counsel for respondents No'2 to 4' 1 . The present Civil Revision Petition is directed against the impugned docket order dated 25'03'2025 in I'A'No'272 of 2025 in o.S.No.5lof2ol5passedbythelearnedXIIAddltionalChiefJudge,*.... Secunderabad. The impugned I'A' under revision lvas filed under order Vill Rule 9 of The code of civil Procedure (for short 'cPC',) to receive the additional written statement'
2. The righ t to file additional written statement was forfeited on 11.Og.2O24, whereas the I.A under revision \ /as dismissed on the mistarkenpremisethattheforfeitureorderwaspassedonll.09.202l during the covid-19 pandemic when phase-l of soP was in force in the Courts. The learned Judge held that no proceedings were taken up by the Courts and no forfeiture order was passed on the said date and that there is no such order passed as per record and therefore proceeded to dismiss the petition.
3. There is a factual error committed by the learned XII Additional Chief Judge, Secunderabad while dismissing the petition and therefore RY,J. cRP 1344 2025 the said order is set aside and remalded back for fresh disposal to consider the case of the revision petitioner on merits for receiving the additional written statement.
4. [n the result, the present Civil Revision petition is disposed of. There shalr be no order as to costs. Miscelraneous petitions, if any, pending in this appeal, shall stand closed. //TRUE COPY// SD/-PONNA KRISHNA ASSISTANT REGISTRAR e SECTION OFFICER To,
1. The Xlll Additional Chief Judge, Secunderabad. 2. One CC to Sri Aleti Srinivas, Advocate tOpUCl 3. One CC to Ch.Siddhartha Sarma, Advocate IOPUCI 4. Two CD Copies NVB M. 2 ? .- " :- -' .-. ..- - .-: . ,..i..:,.:: ii;ti-,1 . ii:.. ' ,',:."..1'' .-.',. i; '': ', i L ri ,, ,r StQ Ntt j ', ,. ,,/ l J - i;.-, 11 -.' 1.. - ,). \---.;, 't i:,:,1 1 ,;=sr-,.., i '." .ii i r.i-r::+.,:>;r-:- ' -i,. .t',/ ...-. .,, -' . ''' HIGH COURT DATED:1 810912025 I I i ! i ORDER CRP.No.1344 of 2025 DISPOSING THE CIVIL REVISION PETITION G q