The High Court · 2025

Petition under Section 15'1 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass interim order by stay of all further proceedings E.P. 982 of 2023 in O.S' No. 2696 of 1997 on the file of The Vll Junior Civil Judge, CCC, Hyderabad. Counsel for the Petitioners :SRl SUBRAMANYAM DARABOINA Counsel for the Respondent: SRI TALAAT SAJJAD The Court made the following: ORDER ?k). Y. --.4 t ' '::- 1 i- '" ' l. ' THE HONOURABLE SRT JUSTICE P. SAM KOSHY Civil Rev IS ion Petitio n No.3367 of2O25 ORDER: Heard Mr. Subramanyam Daraboina, learned counsel for the petitioners and Mr.Talat Sajjad, leamed counsel for. the respondent. Perused the material available on record 2. The present is a repeat Civil Revision petition lbr almost with the same relief. The earlier civil revision petition which was filed vide C.R.P.No.36l8 of 2024 by the same petitioner which stood allowed on 13.08.2024.

3. This Court while a[owing the earlier revision petition passed the following order: In the result, this Re.,,ision is allowed and the order, dared 12.11.2A24, passed by the VII Junior Civil .tudge, City Civil Court, I{yderabad in Ep.No.9g2 of 2024 in O.S.No.2696 of 1991 is hereby set aside and the petitioners are granted three weeks, time form today for filing counrer in the Ep, failing which, their right to file coutner in EP automatically stands forfeited and the Executing Court shall proceed fuither with the E.P.

4. Subsequent to that, the petitioners were supposed to file their counter in the E.P. within a pericd of tfuee (03) weeks. \' si*roF.rrf4 ':; j'', ';-i -= 2 -- 5. The contention of the petitioner is that after allowing of the revision petition earlier, when the petitioners approached the concerned triai courI, it was learnt that the concemed trial couft was lying vacant and the cases were taken up by the in-charge coutl' 6. Secondly it was contended that the petitioners tried to give the copy of the counter to the other side which they refused' Finally when the matter was taken up by the in-charge couft on 08'09'2025' the petitioners again tried to give the copy ofthe colrntel to the other side in the open court which again was relused by them on the ground that it was not hled within the time prescribed by the High court in the earlier revision petition i e', C'R'P'No'3618 of 2024 ' On this very ground itself the in-charge court also has passed the impugned order on 08.09.2025 forl-eiting the right of the petitioneis in tiling of the counter. 1. Even toclay, rvhen the matter is taken up' the lcarned counsel appearing on either side admits the fact that the concerned regular court seized of E.P.No.982 of 2024 is lying vacant and in-charge court heard the matter and now posted the case for orders on 06'10'2025' At this juncture, the learned counsel tbr the petitioners submits that all that he wants is 1et at least the counter be taken on record and the concemed trial court my decide the E P' considering the averments I I I I t I I I I I I I I i I i l l 3 made in the counter to be filed by the petitioncrs. IIe further submits that the counter is ready and can be filed any time.

8. Given the fact that the matter was before the court which was lying vacant for a considerable long period of time even after thc disposal of the C.R.P.No.3618 of 2024 by the High Court on

13.08.2024, in that view. ends of justice would meet if the petitioners are permitted to file their counrer positively on 22.09.2025 and the concemed trial cour.t shall consider the contents of the counter while finally decidirrg the E.P. which is posted lbr orders on 06.10.2025.It is made clear that this Court is onlv permitting the petitioners to bring on record their counter which the concemed trial courl may consider, in addition there shall not be any further reopening of the case or permitting the petitioners to argue the case.

9. With the aforesaid direction, this civil revision petition is allowed. No order as to costs As a sequel, miscellaneous applications pending if any, shall stand closed. SD/- P PONNA KRISHNA" ASSISTANT REGISTRAR 6- SECTION OFFICER //TRUE COPY// To 4L

1. The Vll Junior Civil Judge, City Civil Court, Hyderabad 2. One CC to SRI SUBRAMANYAM DARABOINA, Advocate [OPUC] 3. One CC to SRITALAAT SAJJAD, Advocate [OPUCI 4. Two CD CoPies ADK ---r$d HIGH COURT DATED:1910912025 ,-,/'. .- ,:, \ ' ,/,:,'<u , /.i\! ?<' -. --l::::'- .; : i..:" ::-. !-- ._ rr-.. :. - _: -,,;,..: 'i:l ' ORDER CRP.No-3357 of 2025 , !. il ..,.. I J stP zffi tr.."'-rr* \r1 -"< ',.-..q:.,. --i--i, -x ._-:\ ,. -_ _--.:..j..-.,,. .-':.' ALLOWING THE CRP WITHOUT COSTS 6 { q 14