K.Valarmathi and Others v. Kumaresan

4. V.Suryanarayana Reddy, S/o.Sri Bhoom Reddy, aged 53 years, R/o.Dr. Bhoomreddy Hospital, Karimnagar. (Respondents 2lo 4 are not necessary parties to this CRP ) ...RESPONDENTS/ Respondents/ Defendants lA NO: 1 OF 2023 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.44 of 2016 on the file of the Court of the Principal Senior Civil Judge at Karimnagar, pending disposal of the above C.R'P., Counsel forthe Petitioner: SRl. MOHD MOIN AHMED QUAORI Counse! forthe Respondent No.l : NONE APPEARED clvrL toN N NO:3327 2023 Petition under Article 227 of the constitution of lndia aggrieved by the order dated 04-10-2023 passed in l.A.No. s41 of 2023 in o.s.No. 44 ot 2016 on the file of the Court of the Principal Senior Civil Judge at Karimnagar. Between; !trai.\ -4M{ Aziz, S/o.Shaik AMuila aged about 62 years, Occ. Business, Rl/o.H.No.1-5-503, Ameemagar, lGrimnagai ...PETIT|ONER/ petitioner / D.i AND

1. Puftapaka_Sln!yq9, q/g.t?!e ffiatingam @ R{aiah aged about 40 years, Occ. -' - -- Business, R/o.H.No.56-502, tGpuwada,I,tanitninagir, farimnagai. .. Respondent/ Respon?ent / Plaintitf Z. plyS Narsaiah, S/o.Komuraiah, aged about 45 years, R/o.Behind MM Building Apartment, Near Collectorate, Karimnalar

3. K.Narsimha $gddy,.p/g.Rajared-dy, aged about 53 years, Fi/o.H.No.1-25, Bommakal Village, Karimnagar Mandal AND Distriit.

4. V.Suryanarayana Reddy, S/o.Sri Bhoom Reddy, aged 53 years, R/o.Dr. Btoomreddy Hospital, Karimnagar. (Respondents 2to 4 are not necessary parties to this CRp) ...RESPONOENTS lA NO: 1 OF 2023 Petitbn under section 151 cpc praying that in the circumstances stated in the- affidavit filed in support the petition, the High court may be pleased to stay all further proceedings in o.s.No.44 of 2016 on the file of the court of the principal Senior Civil Judge at Kar.imnagar, pending disposal of the above C.R.p., _of, Counsel forthe Petitioner: SRl. MOHD MOIN AHMEDQUADRT Gounsel forthe Respondent No.i : NONEAPPEARED The Cotrrt made the following COiiMON ORDER: THE HON'BLE JUSTICE B.R MADHUSUDHAN RAO The present Civil Revision Petitions are filed under Article 227 of Constitution of India assailing the orders in I.A.Nos.540 and 541 of 20.23 in O.S.No.44 of 2O16, datd O4.1O.2023 passed.by the learned Principal Senior Civil Judge at Karimnagar, wherein, the applications liled by the petitioner-defendant No.l to recrive the documents and recall the petitioner-defendant No. I (DW- 1) to mark the document are dismissed.

2. Petitioner herein is the petitioner-defendartt No.l, respondent No.l herein is respondent No.1-plaintiff, and respondent Nos.2 to 4 herein are the respondent Nos.2 to 4- defendant Nos.2 to 4 in I.A.Nos.S4O and 541 of 2023 in O.S.No.44 of 2OL6.

3. The grounds in both the Civil Revision Petitions are one and the same, for the sake of convenience, grounds of C.R.P.No.32O3 of 2023 are taken up. karned counSel for the petitioner submits that the learned trial Court erred in dismissing the applications i.e., I.A.No.S4O of 2023 (to receive the documents) and I.A.No.541 of 2023 (to recall petitioner-DW- 1 for marking the documents) without assigning 2 reasons and without considering the written statement and prayed to allovrr both the Civil Revision Petitions.

5. Notice got issued to tJre respondent No.l-plaintiff is served but none appeared.

6. Power of the. High Court udder Article 227 is supervisory and is exercised to ensure courts and tribunals under its supervision act within the limits of their jurisdiction conferred by law. This power is to be sparingly exercised in cases where errors are apparent on the face of record, occasioning grave injustice by the court or tribunal assuming jurisdiction which it does not have, faiting to exercise jurisdiction which it does have, or exercising its jurisdiction in a perverse manner (See: K.Valarmathi and Others Vs. Kumaresan - 2025 SCC Online SC 985).

7. Respondent No.l-plaintiff filed a suit for Perpetual Injunction agaipsf the petitioner-defendant Nos.1 and defendant Nos. 2 to 4. (respondent Nos.2 to 4 herein), restraining them frorn interfering with his peaceful possession and enjoyment of t.l:e suit schedule property i.e., land to an extent of l21O Sq.yards in Sy.No.37lB, situated at Bommakal Grampanchayath of Rajvi Chaman of Karimnagar Mandal and District. Suit consists of two items i.e., item No.I and item No.II.

8.. Petitioner has filed common affidavit in I.A.Nos. 54O and 541 of 2023 in O.S.No.44 of 2016 to receive the certified copy of \ \ l judgment and decree in A.S.No-121 of 1992 dated 18'11'2O12 and 3 to recdl DW-l. g. The learned trial Court has not gone into the written statement filed by the petitioner-defendant No' l, wherein, he specifically contended that appeal in A.S.No' 121 of 1992 is allowed on O8. 1 1.2O I I and the said document is material to prove his case' 10- The observations of the learned trial Court at paragraph No'6 and 7 are Peruerse and the sarne are liable to be set aside'

11.[nviewoft]rereasonsstatedabove,CivilRevisionPetition Nos.32O3 of 2023 and 3327 of 2023 are allowed and the common order passed by tJle leamed trial Court in I'A'Nos'S4O of 2023 and' 541 of 2023 dated, O4.1O.2o23 are set aside, consequently, both tlre applications i.e., I.A.No -54O of 2023 and I'A'No'54 | of 2023 are allowed.

14. Both the Civil Revision Petitions are allowed' There shall be no order as to costs. Interim orders if any stand vacated' Miscellaneous petition/ s shall stand closed. l',$lg'?-a'6idi#F ,ITRUE COPY" SECTION OFFICER To, 1 . The Principal Senior Civil Judge at Karimnagar' ,. O". "" 3. Two CD CoPies to SRl. MOHD MOIN AHMED OUADRI' Advocate [OPUCI Kul/Sa *,p- HIGH COURT DATED:2O11112O25 COMMON ORDER CRP.No.3203 AND 3327 ot 2023 IU. O t: t g1 (i M * cT)Ft) gO (. -/ ,) -$ t ALLOWNG BOTH CIVIL REVISION PETITIONS WITIIOUTCOSTS %- 1lR