Dismissed

G.Dhanani at Dhana v. M.S.Sharguddin

Andhra Pradesh HC16 Sept 2022CRP/550/2022

Case brief

AI extract

What is this about?

The Court dismissed a Civil Revision Petition challenging an order rejecting an application for adjournment. The Court held that the petitioner failed to provide valid reasons, including a medical certificate for the claimed injury, and did not pursue alternative measures like an Advocate Commissioner.

What did the court decide?

The Civil Revision Petition is dismissed with no order as to costs.

G.Dhanani at Dhana Vs M.S.Sharguddin — Contract and Commercial Disputes | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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CIVIL REVISION PETITION NO.550 of 2022

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O R D E R:

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This Civil Revision Petition is filed challenging the Order dated 04.03.2022 in I.A.No.99 of 2022 on the file of the III Additional District Judge, Rajampet.

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Heard learned Counsel for the Petitioner and perused the material available on record.

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The Petitioner is the defendant and the respondent is the plaintiff in O.S.No.24 of 2016.

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The case of the petitioner is that when the case stands posted for evidence of his side, he sustained foot injury on 19.01.2022 and as such, he is unable to contact his counsel for filing his chief examination. As the suit agreement is not executed by him and as the respondent/plaintiff obtained his signatures in empty stamp paper with the force of police, he filed W.P.No.27967 of 2016 before the Hon’ble High Court and the police admitted their fault in the said

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Writ Petition and as such, the Writ Proceedings are very much necessary to submit the same in his evidence. Therefore, he requested the trial Court to adjourn the matter for 30 days to submit his evidence.

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Learned counsel for the petitioners further submits that the Order of the trial Court is contrary to law, weight of evidence and probabilities of the case. The trial Court ought to have given reasonable opportunity to the petitioner as the petitioner filed petition under Order 17 Rule 1 r/w 148 CPC, duly stating sufficient cause for adjournment of the suit proceedings. The trial Court ought to have seen that the respondent filed O.S.No.24 of 2016 for specific performance, wherein the specific plea is that the agreement of sale dated 29.06.2016 is obtained by coercion and undue influence to substantiate the same proceedings in W.P.No.27967 of 2016 is essential. The trial Court further ought to have seen that the petitioner sought time before the Hon’ble Court to enable the petitioner to get the copies in the Writ Petition, which is crucial for the petitioner’s defence and to lead his case.

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Having heard the submissions of the respective counsel and

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upon perusal of the material available on record, it appears that the matter is adjourned for petitioner’s evidence since 29.11.2021, but the petitioner did not turn up to proceed the matter and protract the matter on one or the other ground. As rightly observed by the trial Court that the petitioner did not file any medical certificate to show that he is incapable to attend the Court. Even the petitioner is suffering with injury, he has to take steps to give evidence through Advocate Commissioner, but the petitioner did not take any steps in

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that regard. Therefore, there are no valid reasons to allow the present Civil Revision Petition.

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Therefore, this Court do not find any irregularity or illegality in the order passed by the trial Court in I.A.No.99 of 2022 in O.S.No.24 of 2016, and accordingly, this Court is not inclined to interfere into the Order passed by the Trial Court. Therefore, the present Civil Revision Petition is liable to be dismissed.

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Accordingly, this Civil Revision Petition is dismissed.

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There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending in this

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petition shall stand closed.

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______________________ JUSTICE BATTU DEVANAND

Dt. 16.09.2022

eha

THE HON’BLE SRI JUSTICE BATTU DEVANAND

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CIVIL REVISION PETITION NO.550 of 2022

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Dt. 16-09-2022

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eha

G.Dhanani at Dhana v. M.S.Sharguddin

Case brief

What is this about?

What did the court decide?

G.Dhanani at Dhana v. M.S.Sharguddin

Case brief

What is this about?

What did the court decide?

What the court decided

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