✦ High Court of India · 17 Mar 2025

Dr. Swarna Latha,, D/o. Iate v. Butchaiah Aged about

Case Details High Court of India · 17 Mar 2025
Court
High Court of India
Decided
17 Mar 2025
Length
2,208 words

1 DR L. Janardhan Reddy (died per LRs) 2.Smt.L.ShobaRedy,,Wo.lateDr'LJanardhanReddyAgedabout64years 3. Smt. Deepika Lingala,, Wo Srinvasa Yarrakonda Aged about 41 years 4. Smt. Shilpa Lingala,, Wo Srikanth Devireddy Aged about 39 years PetitionersNo,2to4areR/o,46'|CR|SATcolonyPhasel,.Brigadier SJveeO noaO Manovikas Nagar Secunderabad-s6-gggg and presently ;#;;; h"Jii"]s1t"ij'l r*r'nlJav rged aooLit 6evea rs' Rt o 17 -1'383 t tP t I 34 i ;;;;i;h, t"*n'inip, endse:t, saidabad, Hvderabad statei ot Aiierica Rep bv their GPA holder D Janardhan "it-r"lt"o .. AND ...REVISION PETITIONERS 1 M/S NARNE ESTATES PRIVATE LIMITED, A Company rncorporlled, ;;#;d; C;panies Rct having its Regd -office s"""r'ri.irora, Rep by iis Chairman aid Managing Director Colonel (Retd.) N Ranga Rao Colonel (Retd.) N Ranga Rao,S/o N.V. Naidu, aged about 64 years 86, Gunrock Enclave, Secunderabad at l0 Gunrolk Enclave 2 I 7

3. N. Rama Murthy,S/o.N.V. Naidu,Aged about 66 years, Occ- Chartered Accountant, R/o. H. No.6-7, Raiadurg, Hyderabad

4. C. Krishna Babu,S/o. Koteshwara Rao, Aged about 52 years, Occ- Chartered Accountant, R/o. Plot No. 10 Gunrock Enclave, Secunderabad

5. [Vrs N. Savithri, Wo. N. Rama lvlurthy, Aged about 61 years, Occ- Household R/o. H. No.6-7, Raiadurg, Hyderabad

6. Dr. N. Santha, Wo. N. Ranga Rao Aged about 59 years, Occ-Household . R/o.86, Gunrock Enclave Colony, Secunderabad 7. Mrs.lndira Prasad, Wo. S.V. Prasad Aged about 56 years, Occ-Household R/o. E-1-26, Krishnapuri Colony West Maredpally Colony, Secunderabad B. Ravula Somasundaram,, S/o. Subbaiah Aged about 72 yea$, Retd.Govt. Employee R-/o. H.No. 6-3-595/16, Padmavathi Nagar Khairatabad, Hyderabad

9. Mrs. Patchava Ramanarnma,, Wo. Ramanaiah Aged about 56 years, Occ- Housewife R:/o, H. No. 8-3-6761114212, Yellareddyguda, Hyderabad 10.Vemuri Butchaiah (died per Lrs. Respts. No. 11 to '14), Vemuri Butchaiah (died per Lrs. Respts, No,'11 to 14)

11. Dr. Swarna Latha,, D/o. Iate V. Butchaiah Aged about 51 years Rt/o. H. No. 8-3-903/4/5, Yellareddyguda Hyderabad

12.Dr. Y. Jangaiah,, Sio. Iate V. Butchaiah Aged about 49 years, R/o. H. No. 8-3-903/4/5 Yellareddyguda, Hyderabad

13. Mrs. D. Aruna,, Wo. Dr. D. Satyanarayana Aged about 47 years, Occ- Household Rl/o. H. No. 8-3-903/4/5 Yellareddyguda, Hyderabad '14.V. Ramesh,S/o. Butchaiah (died - per LRs.) clvll REVISION PETITION No:7153 of 2018: Civil Revision Petitions under Article 227 ol lhe Constitution of India, aggrieved by the Orders dated.05-12-20'17, passed in l.A No 115 oI 2017, in O.S.No.216 of 2007, by the VIll Additional Senior Civil Judge, Ranga Reddy District. ...RESPONDENTS Between:

1. DR .1. Janardhan Reddy (died per LRs) 2. Smt. L.Shoba Redy,, Wo. late Dr. L. Janardhan Reddy Aged about 64 years 3. Smt- Deepika Lingala,, Wo, Srinvasa Yarrakonda Aged about 41 years 4. Smt. Shilpa Lingala,, Wo. Srikanth Devireddy Aged about 39 years Petitioners No. 2 to 4 are R/o. 46, ICRISAT Colony Phase l, Brigadier Sayeed Road, ' Manovikas Nagar Secunderabad-500009 and presently residing at United States of America Rep. by their GPA holder D.Janardhan Reddy, S/o. D. Jagga Reddy aged about 69 years, R/o, 17-1-38311P1134 Indraprastha Township, Phase-I, Saidabad, Hyderabad. REVISION PETITIONERS t AND Secunderabad ReP' DY N. Ranga Rao 1 rvl/S.NARNE ESTATES PRIVATE LIh4]lFD A'C^omPanv incorporated under ' i',#iH ;;r, ": *t _n lyl it li**: :*"r";:] ja,f,i tliS[,5133["n"r r n"to r 2. Colonel (Retd.) N Ranga Rao'S/o N V Naidu' aged about 64 years 86' ' 6"r'n'i"ir'rnclave secunderabad . X"[ilti ]i, [lJ, il"n[ua ]:H:,1r1?3',ffJ: glH' "' occ' cha rte red 'R"[L'n:iia?J'"'3,[""",,'it1i..5ff it3Bl;'S::'?'1'"?3t:oocc-chartered Ased about 6'1 vears' occ-Househord u HIj [ fi::[!l U:,rl..IilE"%'rXY' 6, Dr, N. Santha. W/o' N. Ranga Rao Aged about 59 years, occ-Household R/o " [o EuiioCk-Enclave Colon"y' secunderabad 7. Mrs.lndira Prasad W/o S V Prasad Aged 'P*l q6 vears Occ-Household tr-ri"Opallv Colonv' Secu nderabad oCJr""V'iiJti R/o E- 1 -26, rr,rn n"pul B :.c 'Eil'iB,::8i""il1(l'3.i3u,?S:B:'5l,i%:fl ''^fSI'?#ili;*ffi , yl?r[?[rf i:' *?.ii.iBi ::: i ]3311 ;, 0 r-i::ll,t5 f,t l,' l,T'u: 10.vemuri Butchaiah (died per Lrs. Respts. No. .1 1 to 14). Vemuri Butchaiah '" i#d;;;l; ResPts ru6 tt to ta) ,, ut 5 1 Years Ri"'il',(:' ,i!,io.Zg'91i,};"?Hi"J,11't3:?abo 3S*o'o ,rRi"unl,n[:?*fJt,,f tiJ"P"ttffi ,:f":,9;a"?:3::on'"'* 13 Mrs D Aruna,.Y," Dl-i Occ- Household R/o' R"tf,tJ-Toffi)3%ff'""1sdJj.*.7tffi1";o,o

14.V. Ramesh.S/o Butchaiah (died - per LRs ) ...RESPONDENTS Counsel for the Petitioners (in all the three CRP's) :SRI. MADHUSUDHAN REDDY PASUNOOR Counsel for the ResPondents The Court made the following : NONE APPEARED : COMMON ORDER THE HONOURABLE SMT. JUSTICE K. SUJANA CTVIL REVISION PETITION Nos .6925. 6926 and,7 153 of 2018 COMMoNoRDER: Since all these Ci,.ril Revision petitions are arising out of the same O.S. No 276 of 2OOZ, they are analogously heard together arrd being disposed of by this common order. 2 1n Civil Revision Petition No.6925 of 20 l8: This Civil Revision Petition is fired by thg petitioners to set aside the docket order dated OS.I2.2O1Z passed I.A.No.119 of 2017 in O.S. No.216 of 2OOZ by the VIII Additional Senior Civil Judge, Ranga Reddy district at L.B.Nagar, Hyderabad. By the impugned docket order, the petition filed under Order XXII Rule 3 of the CPC read with Section 151 of the CpC to permit the petitioner Nos.2 to 4 to come on record as LRs of the deceased petitioner No.1 in the suit, was dismissed by the trial Court.

3. Civil Revision Petition No.6926 of 2018: This Civil Revision Petition is filed by the petitioners to set aside the docket order dated OS.I2.2O|Z passed in I.A.No. l2O of 2O1Z in O.S. No. 216 of 2OOZ by the VIII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, Hyderabad. By the impugned 2 cNlL REwsIoN PE IITION Nos 6925, 6929 o'ul 7 133 ol 20 ) 8 docket order, the petition filed under Order XXII Rule 9 of the CPC read with Section 151 of the CPC to set aside the abatement caused in bringing the LR's of the deceased petitioner No' 1' was dismissed bY the trial Court. 4 Civil Revision Petition No.7153 of 2O18: This Civil RevisionPetitionisfiledbythepetitionerstosetasidethedocket order dated 05.12.2017 passed in I'A'No'115 of 2Ol7 in O'S' No' 216 of 2OO7 by the VIII Additional Senior Civil Judge' Ranga Reddy District at L.B.Nagar, Hyderabad' By the impugned docket order, the petition filed under Order XXXII of the Civil Rules of Practice to permit Sri D.Janardhan Reddy to represent on behalf of petitioner Nos.2 to 4 as their GPA holder' was dismissed bY the trial Court.

5. For the sake of convenience, hereinafter, the parties will be referred to as arrayed before the trial Court' The brief facts of the case are that though uide letter 6. dated 16.11.2024 defendant No.1 assured to complete the sale transactionconveyingcleartitledschedulelanda-fterreceiving paJ,,rnents from plaintiff No.1 for purchasing the schedule land i.e., Plot bearing No.46 admeasuring 388 Sq.Yards of land in Grand View Jubilee Hills layout, defendant No'l has failed to 3 clvtl REyISIoN PryITIoN Nos.6e25t 6e2e an!1 Ttrr oI20rB execute sa1e deed in respect of schedule land in favour of plaintiff No.l. Aggrieved by the same, plaintiff No.l filed suit against the defendants uide O.S. No.216 of 2OOZ before the VII Additional Senior Civil Judge, Ranga Reddy District ar L.B.Nagar. Perudente lite, platntiff No.1 was died and that the revision petitioners have filed I.A.Nos.1 lg, 72O and 115 of 2Ol7 through their GPA holder to come on record as plaintiff Nos.2 to 4 being the LR's of the deceased plaintiff No.l by setting aside the abatement caused due to the death of plaintiff No.I and also to permit their GPA holder to represent the case on their beha,lf.

7. By the impugned docket orders dated 05. 12.2012, the trial Court has dismissed the I.As. Hence, the present revision petitions.

8. Heard Sri Madhusudhan Reddy Pasunoor, learned counsel for the petitioners. Though notice was served, none appeared on beha-lf of the respondents. Perused the material available on record. 9 . l,earned counsel for the revision petitioners submitted that there is communication gap about the case proceedings as the rerrision petitioners are residing in USA. He further submitted that since the petitioners are in USA, the I.As. are i I 4 clwl' REwstoN PF-anIoN Nos 692 5' 6929 aul 71 53 of 20 1a SKS,J 'j frled bY their GPA holder' In this regard' he placed reliance on the judgement of the Apex Court in Om PtakoLsh Gupta Alias Iuttoud and othersu' Satish Chandro,l and prayed the Court to allow these Civil Revision Petitions' In case of Om Prakash Gupta Alias Lallowa and others

10. (Supra), the Apex Court at paragraph No'1t held as under: ;';i;!t|{!':rtriiirfit,,':r7{i'*:''#*;ir*;iS^ "t"{.-,t",:,*ir"iiW[!:t:!i{,"::'#''**;rl!;.tl*:nT,!#,-:i Y*:,,-;'-i:;'*;!ii;*|i:l{^-i;'ff ni':,:f ,':!''tr;;,!* ;::i,# "ii]:|i:ii:l,t::?i:x:t".ie:.1i;ji:x'::^::|!,;:';"ii";::,iiff i:,?ii't iii;:r:,i:iiZ1!t,2-i{i3't"l"T:'i;;:;,;;:i?:,;*i:i :::X^ff:,,:i*::Z r{rrr*XrXfrr,,ffi *xt;*ffi*.*r**or;ffi T{J:,',;:tIii::;::i Wf!::*"1::',Y; (Emphasis supplied) '2025 tNsc tag 'i i / 5 cML REV/SION pEfttON No".un"r, unrn "* ,r r. "fr{i;l I 1. A plain reading of the above makes it abundaltly clear that if the revision petitioners satisfies the court with sufficient cause for not filing the petition within the stipulated period, then the said petitions carr be allowed. 12. On the aforesaid touchstone, in the present cases, it is noteworthy that though petitioner No.1 died on 25. 10.2015, the I'As' are filed by the GpA holder of petitioner Nos.2 to 4. It is apparent that there is communication gap about the case proceedings and petitioner Nos.2 to 4 are residing in U.S.A. Hence, considering the peculiar facts and circumstaaces, this Court is inclined to give arl opportunity to the revision petitioners to contest the suit instead of appeasing the matter in a narrow compass or on technicalities, however, by imposing costs on the petitioners. are allowed

13. Accordingly, these Cirril Revision petitions setting aside the docket orders dated 05.12.2072 passed by the VII Additional Senior Civil Judge, Rarrga Reddy District at L.B.Nagar. I.A. Nos 179, 12O arrd 115 of 2O1Z a::e allowed on payment of costs of Rs.2,OOO/_ for each I.A. payable by the to the trial Court Legal Service Authority. directed to take uP the I.As. fiIed by the The trial Court is revision petitioners I \ 5 cr'4lREvlStoN PETToN Nos 6s2s 6s29a^d 7153 of2O1a revision petitioners and shall pass necessary orders after payment of costs bY the revlslon petitioners as directed above.There shall be no order as to costs Miscellareous applications' if any pending' shall also stand closed. ,,TRUE COPY// Sd/. T. JAYASREE DEPUTY REGISTRAR \1 \ecr,otu oFFlcER v The Vll Additional Senior Civil Judge' Ranga Reddy District at L B Nagar' One CC to SRI MADHUSUDHAN REDDY PASUNOOR' Advocate [OPUC] Hyderabad. 1 2 To, tJ Two CD CoPies 8,4- Pcsd/PSL HIGH COURT DATED:1710312025 : I I 1H S /;1 -1:- ,,]'.\. (.,i . il '' 16 SEP 206 \ \.n :.. \-- -t" '' COMMON ORDER CRP.NoS.6925, 6926 & 7153 OF 2018 ALLOWING THE CIVIL REVISION PETITIONS .)\ \\ 4r\ )l _)

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