✦ High Court of India · 24 Jan 2025

Tie High Court · 2025

Case Details High Court of India · 24 Jan 2025
Court
High Court of India
Decided
24 Jan 2025
Length
1,573 words

-..Petitioner/Revision Petitioner/Defendant No. 6 AND

1. Mr. K. Veer Ashok, Sio. Late K. Rama Swamy, aged about 50 years, occupation. Pnvate company employree, R/o. Flat No. 203, Jagruth Towers, Shamlal Building. Begurnpet, Hyderabad 5O0 016, Rep. by his GPA, Mrs. M. K. Siva Parvathi

2. Dr, S. Seshu Vaishaki, D/o. Late K. Rama Swamy, aged about 48 years, occupation. Doctor, R/o. Flat No, '101, Suktki Aparknents, 8.S.Makta, Eegunpet, Hyderabad

3. Dr. B. Ratna Karuna, Dtro. Late K. Rama Swamy, aged about 46 years. occupation. Doctor, ternporarily R/o. Verizon 1O95, Avenue of America. Fkror No. 26, New York, NY-10036, USA, permanent Rlo. Flat l{o. 101. Sukuki Apartments. B S Makta, Begumpet, Hyderabad.

4. Kasi Anand Kumar, S/o. Late K. Rama Swamy, aged about 44 years, occupation. Advocate, R/o- H- No. 9-4-86156, Salarjung Cdony, Hyderabad 5. Kasi Lakshmi, Wo Kasi Anand Kumar, aged about 34 years, occupataon. Housewife, R/o H No 9-4-86/56. Sa{arjung Colcny, Hyderabad

6. Syed Razviuddin, S/o. Syed Faheemuddin. aqed about 43 vears. occuoation Business, R/o. H. No. 94$1tN14t1 , Mehraj Cbtony, Totichowki, Hyderdbad 7. lyed Jgffsl !/_o.. Sye! Atual, aged about 70 years, occupation. Retired Govt. Servant, Rl/o. H.No. 1O-2-UlBl40lN 1, Asif Nagar, Hydera'bad ...Respondents/Pltt.Defs. 1 to S and 7 lA NO: f OF 2021 Petftion under Sbction 15i 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 O.S,No.ZB2 o,t ZO11 on the file of the Hon,ble lll Additioflal Chief Judge, City Civil Court, Hyderabad, pending the disposal of the Revision Petition. crvlL REvtsroN PETITIO N NO:1541 OF 2021 Petition under Artiele 227 of the Constitution of lndia aggrieved by the Order and Decree dated 14t09t?OZ1 n I.A. No. 66 of 2O2O in O.S. No. 292 of 2O11 on the file of the Court of the t Additionat Chief Judge, City Civil Court, Hyderabad. Bet{veen: Mohammed Samir Hassan, S/o_ Mohammed Kaiser Ul Hassan, aged about 43 Private Service, presently resident of Canada-, resident of 193.6 ^ 999!p-9!ion - H.No.9-4-86/29Q,. Sqlqqung . Cotony, Shaikpdt Viilage, Hyderabad, Telangana, represented by his GPA Mohammed Omeir Hassanl S/o, Mohammed Kais6r 0i l?_s-sgn, _ aged about 37 years, occupatron. Business, resident of H.No.94_ 86/290, Salarjung Colony, Shaikpet Vi age. Hyderabad, Tetangana -'- ...Petitioner/Revision Petitioner/Defendant No_ 6 . AND 1 Mr. K. Veer Ashok, S/o. Late K. Rama Swamy, aged about 50 years, ggcupglion. Private company _emptoyee, R/o Flat tto. 2OS, .lagruth T6wersj Besumpet. Hyoerioao s00 016. Rep by his 6pA, rvrrs. M] PIBH!:[,j;;p; 3 [ama_ Swamy, aged about 48 years, 1 01 , Sukuki Apartments, B.S.Makta,

2. Dr. S. Seshu Vaishaki, D/o. Late K occupation. Doctor, R/o_ Flat No Begumpet, Hyderabad Dr. B. Ratna Karuna, D/o Late. K.. Rama Sl,valny, aged about 46 years; occupation. Doctor, temporarily R/o Ve,zon 1095. Aven'ue of nmerica,'Ftooi No. 26, New York, NY-10036, USA, permanenr Rlo- f rat ruo f bi,Suiuti Apartments, B. S.Makta, Elegumpet, Hyderabad. Kasi Anand Kumar, S/o. Lale K Rama Swamy. aged about 44 Wars, occupation. Advocate, R/o. H. No. 9-4-86/56, Satarjlng bolony, Hyderab'ad 4

5. Kasi Lakshmi, Wo- Kasi Anand Kumar, aged about 34 years, occupation. Housewife, R./o. H. No- 9-4-86/56, Salaqung Colony, Hyderabad

6. Syed Razviuddin, S/o. Syed Faheemuddin, aged about 43 years, occtpation. Eusiness, Rt/o. H. l,lo. 94$11N1411, Mehraj Colony, Tolichowki, Hyderabad 7. Syed Jaffer, S/o. Syed Afual, aged about 70 years, occupatbn. R€tired Govt. Servant, R/o. H.No. 1O-2-34lBl4OlNl, Asif Nagar, Hyderabad ...Respondents/PlftOe{s. I to 5 and 7 IANO: 1 OF 2021 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 O.S.No. 282 of 2O11 on the file of the Honourable lll Additional Chief Judge, City Civil Court, Hyderabad, pending the disposal of the Revision Petition and be pleased. lA NO: 't OF 2023 Between:

1. Dr. S. Seshu Vaishaki. D/o Late K occupation. Doctor, R/o. Flat No. Begumpet, Hyderabad Rama Swamy, aged about 5'l years, 101, Sukuki Apartments, 8.S.Makta,

2. Dr. B. Ratna Kumari, D/o Late K. Rama Swamy, aged abcut 5O years, occupation. Doctor, temporarily R/o. Verizon 1O95, Avenue of Amerba, Floor No. 26, New York, NY-10036, USA, permanent R/o. Flat No. 101, Sukuki Apartments, B.S.Makta, Begumpet, Hyderabad. ,..Vacate Petitloner/Respondent No. 2 and 3 AND 1 2 3 4 5 i4,ohamrned Samir Hassan. S/o. Mohammed Kaiser Ul Hassan, aged about 44 years, occupation Private Service, presently resident of Cana<tra, resident H.No,9-4-86/290. Salarjung Colony, Shaikpet Mllage, Hyderabad, Telangana, represented by his GPA Mohanrmed Orneir Hassan, S/o. Mohammed Kaiser Ul Hassan. aged about 37 years, occupation. Business, resident of H.tlo.9-4-86/290, Salarjung Colony, Shaikpet MHage, Hyderabad, Telangana Mr. K. Veer Ashok, S/o Late K. Rama Swamy, aged about 52 years, occupation. Private company employee, R/o. Flat i,b. m3, Jagnrth Towers, Sharilal Euildang. Begumpet. Hyderabad 5o0 016, Rep. by his GPA, Mrs. {tI. K. Siva Parvathi Kasi Anand Kumar, S/o. Late K Rarna Swamy, aged about 46 years, occupation. Advocate. R/o. H. No. 9{-86/56, Salariung Colony, Hyderabad Kasi Lakshmi, Wo. Kasi Anand Kumar, aged about 37 yeas, occupd'on. Housewife, R/o. H. No. 9-4-86i56, Salarjung Cotony, Hyderabad Syed Razviuddin. S/o Syed Faheemuddin, aged about 45 yea.rs,. occupatio{I. Birsiness, R/o. H. No. 94-61lN1411- Mehra.i Colony, Tolichowki, Hyderabad 5 Sved Jaffer. S/o. Syed Afzal, aged about 70 years' occupation Retired Govt' " 5&;;I ir;. i.tlol io-z-sa ,edorv't , Asir Nagar, Hvderabad ...Respondents/Pttt'Defs' 1 to 5 and 7 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the peiition, ttte Higt' Court may be pleased -to vacate the interim stay- pa"""A in te ruo' t of 2021 in CRF No- 1541 of 2021 dated 1111112021 and to Pass Counsel for.ttre Fetitioner in both cases : Sr-i S R Mahajir Counsel for the Respondent No. 1 in both cases : Sri Ashok Kumar Agarwal Counsel for the Respondent Nos. ? & 3 in both cases: Sri G' Shashidhar Reddy The Court made the following: /. \ t TTIE IIOIOI'RABLE SMT. JUSTICE K. SUJANA CTVIL RtlIIsrOIT PETITION IIos.1534 AND l54L of2O2l couuoN ORDTR C.R.P:Nos.1534 ald 1541 of 2O2l are frled against tlre orders dated 14.09.2Cl21 Passed in I'A'No'65 of 2o2O and I.A.No.66 of 2O2O in O.S.No.282 ot 2Ol1 by the Ill-Additional Chief Judge, City Civil Court, Hyderabad'

2. Heard Sri S.R.Mahajir, learned counsel for t]re petitioner, Sri Ashok Kumar Agarwal, learned c'ounsel for respondent No.1 and Sri G'shashidhar Reddy, Iearned counsel for respondent Nos.2 and 3' I.A.Nos.65 of 2O2O and 66 ot 2O2O are filed by the 3. petitioner herein to reopen the cvidence and Lo receive the docurrrents fiIed by the petitioner/ defe ndant No'6 in the suit' T?re respondent herein filed counter and after hearing both the parties, the trial Court dismissed the said petitions observing that there are no grounds to allow the said petitions as even after allov,,irg I.A.No.1708 of 2O 19 oo O2'l2 2Ol9' the petitiorrer was not ready and took time Further, even after imposing costs also, petitioner herein has not adduced any : I l I i I I \ \ 2 evidence, as such, dismissed the said I.As. Aggrieved by the said order the present revision petitions are filed.

4. Today when the matter is taken up, tJ:e learned counsel for respondents 1 to 3 stated that they have no objection in allowing the petitions. Flowever they requested the Court to direct the trial Court b dispose of the suit at the earliest as the suit is of the year 201 1. 5 Having regard to the submissions, made by both the the order impugned is set aside and these Civil Petitions are a.llowed directing the petitioner to parues, Revision adduce eviderrce on the- elatE fttfEy tFe tial Court, taiting which, the petitions stand dismissed. Further, thc trial Court is also directed to dispose of ttre suit at the earliesr. as rhc same pertains to t].e year 2Ol 1. No costs. Miscellaneous. petitions, pending, if any, shall stand c losed_ //TRUE COPY// Sd/- T. JAY ASSISTANT REGI ASREE $rnaR \ SECTION OFFICER I To, DL 1 The lll Additional Chief Judge, City Civit Court, Hyderabad 2. One CC to Sri S R Mahajir, Advocate [OPUCI 3 One CC to Sri Ashok Kumar Aganral; Advocate [OPUC] 4 One CC to Sri G. Shashidhar Reddy, Advocate [OpUCl 5 Two CD Copies Qn- HIGH COURT DATEDI24|O112025 6rAS{ L ) .J 2 7 ttB 2025 '+ t c9 Dt:;pi'.iC$ ,1 Z) (); r. l ,+ COMMON ORDER CRP.Nos.1534 &1511 of 2O21 ALLOWING THE C.R.PS fA 2-<- 1Lep,t>'

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