Diaakntpamqni qnd, Another v. A. sakuntara Deui qnd. othersl, Hence, the revision

4. Yelligeti Srinivas, S/o. Yelligeti Bikshapathi, Aged about 40 years, Occ: Business , R/o H.No.3-13, Mullugu Mandal, Konda, Siddipet district, Telangana - 502336.

5. Narendarnath, S/o. Jitendranath, Aged about 50 years, Occ: Business, R/o. Plot No. 10 lshaq Colony , Wellington Road , Secunderabad - 500 003.

6. S.V.V Satyanarayana, S/o Kanakam , Age Not known to the Plaintiff , Occ: Business , R/o. Plot No. 10-45, Meenakshi Estates, Jeedimetla, Ranga Reddy District.

7. Tallari Mallesh, S/o. Satyanarayana, Aged: Not known to the Plaintiff , Occ: Business , R/o H.No. 1-49, Kokkanda, Mulugu Mandal , Siddipet District - 502336.

8. V. V Subbaraju, S/o. V.V Subba Raju, aged: Not known to the Plaintiff, Occ: Business, R/o. H.No. 12-11-252, Plot No. 46, NCL Colony, Namalaguda, Jeedimetla, Secunderabad-500 003.

9. V. Devaraj, S/o. Sriramulu, aged about 60, Occ: Business, R/o. Plot No. 42, Public Sector Colony, Bowenpally, Secunderabad, 500 003.

10.Sai Raja Farms, Rep. by P. Mahender Reddy S/o. Late P Raja Reddy, aged about 55 years, Office at 3-21 Rampur, Kakatiyer Canal Campus, Huzurabad, Karimnagar, Telangana- 505498. 11. Rachanir Gupta, Wo. Sandeep Narotamlal Gupta, Aged Not known to the Plaintiff , Occ: Housewife, R/o. 8-2-293l821NU203, MLA, MP Colony Road, IOC Julie Hills, GHMC, Hyd - 500033.

12. Sandeep Narotamlal Gupta, S/o. Narotamlal Gupta, Aged Not known to the Plaintiff, Occ: Business, Rlo.8-2-293182/NL/203, MLA, MP Colony Road, IOC Juli,-' Hills, GHMC, HYD-500033

13. Elite Estate and Farms, Rep. by Pakanti Manoj Reddy, S/o. Soma Narasimha Reddy, r\ged Not known to the Plaintiff, R/o.Villa No.. 104, Gardeniir Grove, Ramkey Discovery City, Lemur Road, Srinagar, Mahesh,ryaram mandal, Rangareddy District.

14. D. Hanumanth Reddy, S/o. Bagi Reddy, aged around Occ: Not known to the Plaintiff 11./o. 1 -1 -287 135, Chikadpally, Hyderabad. 1 5. C. Haritha Priyadarshani,, Details not known to this Plaintiff l6.Avadhoota Pandurangam, S/o. Gouria, aged about years, Occ: Not known to the PlairLtiff, Rlo. 7 -4-4221A, Kalyani Nagar, Balanagar, Medchal- Malakajgiri- 5000 1 8.

17.A. Mallikarjun Rao, Sio. Radha Krishna Murthi, aged about, Occ: Not known to the Pl,aintiff, R/o.10-148/5, Sai nagar, Near Balaji Temple, Balanagrar, Kukatpally, Hyderabad-500042.

18. Konda Pavan Kumar, S/o. Konda Veera Shekar Gupta, Aged Not known to the Plaintiff, Occ: Business, Rlo. 1-1-21811, Virtayak nagar, Behind l'rimurti Enterprises, Nizamabad(Urban), Nizamabad, 503001. 19. Konda Sashidar Reddy, S/o. Konda Verikat Reddy, Age about 55 years old, Occ: Business, R/o. Plot No. 90 HMT Bearing Officers Colony, Sainikpuri, Kapra Medchal Malkajgiri District.

20. Sowmya Reddy, Wo. Premanand Reddy, Aged about 40 Years, Occ: Housewife, R/o. Not known to the Plaintiff.

21. K: Ramakrishna Reddy, S/o. Jangam Reddy, Aged about 55 years, Occ: Busiiness, R/o.Not known to the Plaintiff.

22.Nara Shr:kar, S/o. Mallesham, Aged 33 years, Occ: Business, R/o. SinElannaguda, Kokonda Village Mulugu Mandal, Siddipet District.

23. Nara Srinivas, S/o. Mallesham, Aged 33 years, Occ: Business, R/o. Singlannaguda, Kokonda Village Mulugu Mandal, Siddipet District

24. Nara Narsinga Rao, S/o. Mallesham, Aged 33 years, Occ: Business, R/o. Singlannaguda, Kokonda Village Mulugu Mandal, Siddipet District ..,Respondents/Defendants Petition under Article 227 of the Constitution of lndia, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to being aggrieved by the orders dt: 2510412024 passed in O.S. CFR No. 279 of 2024 on the file of the Honorable Jurnior Civil-Judge Siddipet District at Gajwel. lA NO: 1OF',2024 Petitiorr 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 restrain the Respondents, their agents, seivants and all persons claiming through them by an order of ad interim injunction restraining them from alienating the schedule of property and pass Suit schedule Suit schedule of Property. Counsel for the Petitioner(s): SRI D. RAGHAVENDAR RAO Counsel for the Respondents: -NA- The Court made the following ORDER: THE HON'BLE SMT. JUSTICE RENUKA YARA C.R.P.No.2215 of 2o24 ORDER: Hea:d Sri D. Madhava Rao, learned counsel for the revision petitioner Since the present Civil Revision Petition has been filed aggrieved by the objection of the Junior Civil Judge, Siddipet District at Gajwel (for short, "trial Court"), refusing to register the suit for partition, separate possession and perpetual injunction with respt:ct to the schedule properties, on the account of not paying the required Court fees uide docket order dated 25.04.2024 in O.S.CF.R.No.279 of 2024, therefore, there is no need to serve the notice to the respondent, as the suit is not yet registered.

2. . Leanted counsel for the revision petitioner submitted that the sole r,=ason cited by the learned trial Court in refusing to register the said suit is that the pleadings of the suit refer that the parties art: in joint possession of the suit schedule properties. Whereas, the documents filed along with the suit show that certain properties are alienated and that the plaintiff is not in possession of the said properties. On such ground, objection was raised by the learned trial Court for pa5nng of fixed Court fee ilnder Section 34(2) of the Telangana court Fees and suits I / t ::li: l' 2 valuation Act, 19s6 (for short, "Act, 19s6") and the said suit was returned for the pa5rment of court fee under section 34(r) of the Act, 1956. 3' Learned counsel for the revision petitioner further submitted that the learned counsel for the plaintiff/revision petitioner in the said suit has given explanation to the objections of the learned trial court, stating that the suit is fired for partition, separate possession and- perpetual injunction only. However, the learned trial court has again refused to register the said suit, solely on the ground that the court fee paid is insufficient. In support of his , submissions, rearned counsel for the revision petitioner relied upon the judgment of the erstwhile High court of Andhra pradesh i" 4- Diaakntpamqni qnd, Another vs A. sakuntara Deui qnd. othersl, Hence, the revision petitioner requested this court to allow the Civil Revision petition. 4' Having regard to the aforesaid submissions, this Court is of the considered view that the issue of whether the court fee is insufficient or not, can be decided at the time of trial and in case the court fee paid is insufficient, the same may be recovered at \2000 (21 ALD 7s4 \ I 3

5. Therr-.fore, this Civil Revision Petition is allowed directing the / n 't I learned Junior Civil Judge, Siddipet District at Gajwel, to register the suit in O.S.CFR.No.279 of 2024 and dispose of the same, in accordanct: with law. The Registry is directed to return all the original documents to the petitioner after obtaining Photostat copies of the said documents. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this appeal, shall stand close,d. SD/- B. REKHA RANI ASSISTANT REGISTRAR o /TRUE COPY/ SECTION OFFICER To,

1. smt. Bhurlamma, wo. Late Yelligeti Bikshapathi, Aged about years, Occ: Home maker, R/o. H.No.3-13, Mullugu Mandal Konda' Siddipet District, Telangana - 502336' Z. yelligeti Mallesh, S/o. Velligeti Bikshapathi, Aged about 60 years, Occ:Business,R/o.H.No.3-03,MulluguMandal,Konda, Siddipet district, Telangana - 502336. ,

3. Yelligeti Chandraiah, S/o. Yelligeti Bikshapathi, Aged about 50 years, Occ: Busirtess, R/o H.No.3-13, Mullugu lVlandal,Konda, Siddipet D'istrict, Telangana - 502336'

4. Yelligeti Srinivas, S/o. Yelligeti Bikshapathi, Aged about 40 years' Occ: Busirless , R/o H.No-3-13, Mullugu Mandal, Konda, Siddipet district, Telangana - 502336'

5. Narendarrtath, S/o. Jitendranath, Aged about 50 years, Occ: Business, R/o. Plot l,lo. 10 lshaq ColonY , Wellingtorr Road , Secunderabad - 500 003'

6. s.v.V-satyanarayana, s/o Kanakam , Age Not known to the Plaintiff , Occ: Busirless , Rlo. ptot No. 10-45, Meenakshi Estates' Jeedimetlir, Ranga Reddy District.

7. Tallari Mallesh, 5/o. Satyanarayana, Aged: Not known to the Plaintiff , Occ: Busirless, R/o H.No. 1-49, Kokkanda, Mulugu Mandal , Siddipet Dtistrict - 502336.

8. V. V bubbaraju, S/o. V.V Subba Raju, aged: Not known to the Plaintiff, occ: Busirless, R/o. H.No. 12-11-252,Plot No.46, NCL Colony, Namalagutda, Jeedimetla, Secunderabad-sOO 003' C"b4- i

9. V. Devaraj, S/o' Sriramulu' aged about 60' Occ: Business' ilo. pfot No' 42' Public sectorcolony' eo-;enparrY, Secunderabad' 500 003' 10.Sai Raja Farm;' H;';t e rrir.alrenOer Reddy S/o' Late P Raia Reddv' '" IJ"o'r'uout 55 vears' offi:: Kakatiya canal'Campus' Huzu|,"6'i''i'; n'g"'' Telangana- 505498' 11. Rachana Gupta, wo. sandg"e^ ldr"tamlal Gupta, Aged Not known to the P I a i ntiff , O""' iio""*iit' Rt o' 8.-2-29 3/82lN U203' MLA, MP coroni-i"'J, ioc lutie Hitts' GHMC' Hyd - 500033' 12. sandeep N"r;iJ;i;'';6Ir, i[. r.r"|."iamral Gupla, Ased Not known to the praintiff, o"", iiiri*rr, nro 8-2-;;;isriNrilzog, MLA; MP colonv Road' iot-Jrri. Hills, GHMc' HYD-500033 Rampur' il.9^-21

13. Elite Estate and Farms, Rep. by Pakanti Manoj Reddy, Sio. Soma Narasimha Reddy, Aged Not known to the Plaintiff, R/o.Villa No. 104, Gardenia Grove, Ramkey Discovery City, Lemur Road, Srinagar, Maheshwaram mandal, Rangareddy District.

14.D. Hanumanth Reddy, S/o. Bagi Reddy, aged around Occ: Not known to the Plaintiff R/o. 1 -1-287'135, Chikadpally, Hyderabad.

15.C. Haritha Priyadarshani,, Details not known to this Plaintiff l6.Avadhoota Pandurangam, S/o. Gouria, aged about years, Occ: Not known to the Plaintiff, R/o.7-4-4221A, Kalyani Nagar, Balanagar, Medchal- Malakajgiri- 50001 8.

17.R. Mallikarjun Rao, S/o. Radha Krishna Murthi, aged about, Occ: Not known to the Plaintiff, R/o.10-148/5, Sai nagar, Near Balaji Temple, Balanagar, Kukatpally, Hyderabad-500042.

18. Konda Pavan Kumar, S/o. Konda Veera Shekar Gupta, Aged Not known to the Plaintiff, Occ: Business, R/o. 1-1-21811, Virtayak nagar, Behind Trimurti Enterprises, Nizamabad(Urban), Nizamabad, 503001 . 19. Konda Sashidar Reddy, S/o. Konda Verikat Reddy, Age about 55 years old, Occ: Business, R/o. Plot No. 90 HMT Bearing Officers Colony, Sainikpuri, Kapra Medchal Malkajgiri District.

20. Sowmya Reddy, Wo. Premanand Reddy, Aged about 40 Years, Occ: Housewife, R/o. Not known to the Plaintiff.

21.K. Ramakrishna Reddy, S/o. Jangam Reddy, Aged about 55 years, Occ: Business, R/o.Not known to the Plaintiff.

22.Nara Shekar, S/o. Mallesham, Aged 33 years, Occ: Business, R/o. Singannaguda, Kokonda Village Mulugu Mandal, Siddipet District.

23. Nara Srinivas, S/o: Mallesham, Aged 33 years, Occ: Business, R/o. Singannaguda, Kokonda Village Mulugu Mandal, Siddipet District

24. Nara Narsinga Rao, S/o. ttlallesham, Aged 33 years, Occ: Business, R/o. Singannaguda, Kokonda Village Mulugu Mandal, Siddipet District

25.One CC to Sri D Raghavendar Rao, Advocate (OPUC) 26.Two CD Copies ---J@ cxBr/psr-- L*^,ry,, ', e lEi I \ HIGH COURT \ DATED:13/08/2025 D () * t0 IF B ?tm * ORDER: CRP.No.l2215 of 2024 :-=5F f { I \ \ \ \ ALLOWING THE CIVIL REVISION PETITION. ,PP 6@- ::r<-s