✦ High Court of India · 10 Mar 2025

The High Court · 2025

Case Details High Court of India · 10 Mar 2025

..Respondents/Defendants lA NO: 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.142 of 20'1 '1 on the file of the Court of the Senior Civil Judge. Mahabubabad, pending the disposal of C.R.P., lA NO: 1 OF 2024 Petition under Section 148 R/w 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim order dated 10.12.2021 passed in C.R.P-No.1947 of 2021 until further orders. Counsel for the Petitioner : Sri A. Prabhakar Rao Counsel for the Respondents: ... CIVIL REVISION PETITION NO: 1950 OF 2021 Petition under Article 227 of lhe Constitution of lndia aggrieved by the order dated 10.11.2021 passed in LA.No.351 of 2021 in O.S.No."l42 of 2011 on the file of the Court of the Senior Civil Judge at Mahabubabad. Between: Banoth Achamma, Wo.Hussain, aged about 52 years, Occ. Agriculture, R/o.Gandhipuram, Antharam village of Mahabubabad Mandal, Mahabubabad district. ...Petitioner/AppellanUPlaintiff AND

1. Basavaraju Laxmi Devi, Wo.Subba Rao (died Added as per legal heirs- 2. Gadde Rukimini Devi, Wo.Umakanth, aged about 60 years, occ. Housewife, R/o.H.No.1 -7-1 39/94, Musheerabad, Secunderabad.

3. Bandi Ramchandra Reddy, S/o.late Narsimha Reddy, Aged about 60 years, R/o.Antharam village of Mahabubbad Mandal, Mahabubabad district. 4- Basavaraju Subba Rao, S/o.not known, aged about 75 years, R/o.H.No.1-4- 227 n2162, Padmashali Colony Hyderabad.

5. Basavara.iu Kiran, S/o.Subba Rao, aged about 50 years, R/o.H.No.1-4- 227 n2162, Padmashali Colony Hyderabad.

6. Basavaraju Uma, Wo.not known, aged 45 years, R/o.H.No.1-4-227172162, Hyderabad. Padmashali (R-1 ls not necessary pa rty but has shown as Formal Party) Colony ...Respondents/Defendants lA NO: 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.142 of 2011 on the file of the Court of the Senior Civil Judge Mahabubabad, pending the disposal of C.R.P. lA NO: 1 OF 2024 Petition under Section ',l51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High'Court may be pleased to extend the interim order dated 10.12.202 1 passed in C.R.P No 1950 of 2021 until f urther orders. Counsel for the Petitioner : Sri. A Prabhakar Rao Counsel for the Respondent No. 3 : Sri K. Ram Reddy The Court made the following: THE HONOURABLE DT.JUSTICE G.RADHA RANI CIVIL REVISION PETITION Nos.1947 and 1950 of 202I COMMON ORDER: C.R.P.No.l947 of Z02l This Civil Revision Petition is filed by the- petitioner/plaintiff, aggrieved by the order, dated 10.11.2021 in I.A.No.352 <tf 2021 in O.S.No.l42 of 2011 on the file of leamed Senior Civil Judge, Mahabubabad, for not passing any orders in the said I.A., which was filed to summon the 'Iahasildar and Mandal Revenue Inspector, Mahabubabad who conducted enquiry at the relevant time and submitted their reports in view of the orders passed by this Court in W.P.No. 1 6530 of 2012 dated 06.06.2012.

2. C.R.P.No.l950 of 2021 This Civil Revision Petition is filed aggrieved by the order, dated 10.11.2021 in I.A.No.35l of 2021 in O.S.No.142 of 2011 on the file of learned Senior Civil Judge, Mahabubabad, lor not passing the orders in the petition filed by them, calling for original enquiry report of Tahasildar and Mandal Revenue Inspector. Mahabubabad, from the office of the RDO, Mahabubabad, which were part of ROR -'I 2 appeal records, in view of the orders passed by this Court in I W.P.No. I 6530 of 2012 dated 06.06.2012.

3. Heard Sri. A.Prabhakar Rao, learned counsel for the petitioner and Sri K.Ram Reddy, learned counsel for respondent No.3 in CRP No.l950 of2021.

4. Learned counsel for respondent No.3 submitted that in view of the directions given by this Court in W.P.Nos. 16530 of 2012 and 20785 of 201I . dated 09.09.2024 to dispose of both the suits within a period of six (6) months from the date of receipt of a copy of the said order, no further orders were required in these CRPs.

5. Learned counsel for the petitioner also submitted that if a direction was given for the trial Court to consider the application filed by them for summoning the Tahasildar and for calling for the original enquiry reports passed by the said officers, they would be having no grievance in disposing the CRPs. He further submitted that there was no impediment for the trial Court to dispose of the said applications, in view ofthe disposal ofthe writ petitions. I I

6. Recording the said submissions, both the CRPs are disposed of granting liberty to the petitioner to file a separate application before the trial Court for summoning of the Tahasildar and calling for the original enquiry reports as requested by them and the trial Court can consider the said applications and pass orders on'merits as per law. No costs. Miscellaneous petitions, if any pending shall sland closed. Sd/. V. KAVITHA DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To,

1. The Senior Civil Judge at tVlahabubabad. 2. One CC to Sri. A Prabhakar Rao, Advocate tOpUCl 3. One CC to Sri K. Ram Reddy, Advocate IOPUC] 4. Two CD Copies Yt- DL HIGH COURT DATED:10/0312025 COMMON ORDER C.R.P Nos: 1947 AND 1950 OF 2021 $f- s r4 14: q' ) o (-)' I I APi] 20fi z a.\ I ,) F-qr'a ., i ,-.:-r) t C.R.Ps are DISPOSED OF C.6*A W I

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