The High Court · 2025

Petition under Section 151 CPC praying that jn the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to grant stay of the order in LGOP No. 4 of 2022 dated 03-11-2025 on the file of the Principal District Judge, Warangal, pending disposal of the CRP. Counsel for the Petitioners : SRl. NADIPALLY ANANDA RAO Counsel for the Respondents : None appeared CIVIL REVISION PETITION (SR). NO: 37528 OF 2025 : Petition under Arlicle 227 of the Constitution of lndia order dated 19-03-2025 in LA. No. 947 ot 2024 (in LGOP No aggrieved by the 4 of 2022 on the file of the Principal District Judge, Warangal. Between:

1. Suryadevara Nagalaxmi, W/o. Murali Krishna, aged about 43 years, occ. Homemaker, r/o. H.No. 11-23-782, LB Nagar, Warangal City and District. 2. Suryadevara Dinesh Kumar, S/o. Murali Krishna, aged about 17 years, occ. Studenl, bging minor under guardian Suryadevara Nagalzmi. w/o. Murali Kr shna, r/o. H.No. 11-23-782, LB Nagar. Vlarangal City and District.

3. Merugu Vanamala, w/o- Kumaraswamy, aged about 52 years, occ. Householci r/o. H. No. 14-B-231 , Nizampura, Charbouli Warangal District. PETITION ERS/Res pon dent Nos.2 to 4 AND

1. Singamshetty Komuraiah, S/o. Late Rajagovindu, Aged about 78 years, occ. Agricu{ture, r/o. H.No. 14-8-210, Laxmipuram, Warangal City and District.

2. Singamshetty lylaiah, s/o. Late Rajagovindu. Aged about 73 years, occ. Agriculture, r/o. H. No. 14-8-210, Laxmipuram, Warangal District (died per LRs Respondent No. 7 to t herein)

3. Singamshetty Raj Kumar, s/o. Late Ralagovindu, Aged about 42 yea.S, occ. Private Employee, r/o. H.No. 14-8-210. Laxmipuram, Warangal City and District.

4. Singamshetty Satyanarayana, s/o. Komuraiah, Aged about 42 years, occ. Private Employee, r/o. H.No. 14-8-210, Laxmipuram, Warangal City and District.

5. Singamshetty Lavan Kumar, s/o. lylaiah, Aged about 39 years, occ. Employee, r/o. H.No. 14-8-209, Laxmipuram, Warangal City and District.

6. Singamshetty Ramesh Kumar, s/o lylaiah, Aged about 29 years, occ. Student, r/o. H.No. 14-8-209, Laxmipuram, Warangal City and District. 7. Singamshetty Sathyamma, Wo. Late S.lylaiah, Aged about 64 years, occ. Household, r/o. H.No. 14-8-209. Laxmipuram. Warangal City and District. 8. Noothi Vani, w/o. Sharath Kumar, Aged about 42 years, occ. Household, r/o. H.No. 14-8-20711, Laxmipuram, Warangal City and District.

9. Mudigonda Vasantha, Mo. M. Venkataramana, Aged about 40 years, occ, Household, r/o. H.No. 14-8-20911. Laxmipuram, Warangal City and District. Respondentsi Petitioners

10. Malakummair Pushpa, w/o. Late Laxmaiah, Aged about 62 years, occ. Household, r/o. Near Water Tank, lvlasJrd Street. Girmajipet, Warangal District. (Respondent No.10 is pro-forma party) RESPONDENT/Respondent No.1 IANO:1OF2 25 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 grant stay of the order in LGOP No. 4 of 2022 daled 03-11-2025 on the file of the Principal District Judge, Warangal, pending disposal of the CRP. Counsel for the Petitioners : SRl. NADIPALLY ANANDA RAO Counsel for the Respondents : None appeared The Court made the following: ORDER THI] IIoNOURABLE SRI JUSTICE K. L,\KSIIMAN C.R.P.No.3l06 of 2025 AND C.R.P.(SR).No.37528 OF 2025 COMMON OITDER: Heard Mr.Nadipally Ananda Rao, leamed counsel fbr the petitioners. Perused the record.

2. These Civil Revision Petitions are filed undcr ,.\rlicle 221 ol the Constitution of lndia challenging the comnron order, dated

19.03.2025, passed in I.A.No.946 & 947 of 2024 in t GOP.No.4 of 2022 by the Principal District Judge, Warangal (ti,r short, 'the impugned ordcr').

3. The petitioners have filed the aforesaid I.A.NI,.946 ot'2Q24 to condone the delay of 326 days in filing an applrcation under Order IX Rule l3 of the Code of Civil Procedure (ibr short the C.P.C.) to se:t :rside the ex parte order passed in l-(iOP.No.4 of

2022.The sar'ne was dismissed.

4. The petitioners have filed C.R.P.SR.No.37528 of 2025, challenging the order, dated 19.03.2025 in I.A.No.947 of 2024 it 2 1 I LGOP.No.4 of 2022. The Registry has taken thc following obj cction: A. "Please verify and clarify as to how this CRI' is entertainable against the dismissal Order passed in I.A.No.947 of 2024 in LGOP-NO.4 of 2022, dated 19.03.2025 on the tlle of the Principal District Judge, at Warangal flled under Order IX Rule l3 which is appealable order".

5. Leamed counsel tbr the petitioncrs resubmitted the above said CRP (SR) as under: B. "As the petitioner under Order 9 Rule 13 is filed in LGOP and as LGOP is not a regular suit, irnpugned order can be challenged in CRP. Therefore, it is resubmitted with a request to number it as CRP. If not satisfied post before Bench".

6. As discussed supra, the petitioners have filed two applications i.e., one under Section 5 ol the Lirnitation Act to condone the delay of 326 days in filing the application under Order lX Rule l3 of the C.P.C. The same was disrnissed. Conscquent to the said order, the learned Principal District Judge, at Warangal has also dismissed the application filed by the petitioncrs under Order - -1 IX Rute l3 oi the C.P.C. Therefore, the said order filed in I.A.No.946 of 2024 under Section 5 has merged with the order dated, 19.03.2025, in I.A.No.947 of 2024 in LGOP.No.4 of 2022. l'herefore, petitioners herein has to prefer an appeal. The said principle has also laid down by the Hon'ble Apex Court and by this Court also irr lhe case of Baltha Ligaiah v. Boda Rumachandru Rctklyt.

1. l-herefbre, the objection raised by the Registry lt) C.R.P.(SR).No.37528 of 2025 is sustained and C.R.P.No.3l06 of 2025 is disnrissed granting tiberty to the petitioners to preler an appeal challenging the aforesaid impugned order. No order as to COStS. As a sequel, miscellaneous petitions pending. if any, shall stand closed. 'cRg.N O. lt)-b g PloL{/[email protected]'?-o zs SD/- A.PRATHIMA DEPUTY REGISTRAR a / ,TRUE COPY// SECTION OFFICER To, '1. The Principal District Judge, Warangal. 2. one CC to SRl. NADIPALLY ANANDA RAO Advocate [OPUC] 3. Two CD Copies ASIi\PSI. w HIGH COURT DATED:261t1912025 ORDER CRP.No.3106 of 2025 o r- c'\ lA '^ .\ 2o orr iltr ii:' ,,t ,-'/ '.'l- DISMISSING THE CRPs J 1