Remanded

Shivraj (Died Per L.Rs) v. K.Mohanlal

Telangana HC28 Aug 2012SA/920/2011

Case brief

AI extract

What is this about?

In a second appeal arising from a suit for correction of Town Survey records, the Court held that the first respondent had not been added as a necessary party. It set aside the first appellate judgment and directed the trial court to include the respondent with an opportunity to file a written statement.

What did the court decide?

Set aside the first appellate judgment; direct the trial court to add the first respondent as a third defendant and dispose of the suit within six months.

Shivraj (Died Per L.Rs) Vs K.Mohanlal — Property and Title | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

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SECOND APPEAL No.920 OF 2011

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JUDGMENT:-

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The plaintiffs in O.S.No.6324 of 2004 on the file of the X Junior Civil Judge, City Civil Court, Hyderabad, are the appellants herein.

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2. The suit was filed by the plaintiffs for correction of the entries in the Town Survey records by way of mandatory injunction. The suit was decreed by the trial Court and thereafter, the third party, who is the appellant in A.S.No.382 of 2007 on the file of the IX Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, with the permission of the Court has preferred the appeal contending that he is the original owner of the property and his father’s name is sought to be deleted without being made as a party and without giving an opportunity. The appellate Court by judgment dated 08.12.2010 has allowed the said appeal and dismissed the suit. Aggrieved by the said judgment, the present Second Appeal is preferred.

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3. The substantial question of law involved in this appeal is whether the judgment of the first appellate Court in dismissing the suit of the plaintiffs is proper?

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4. POINT:

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Evidently, the suit was filed for establishing of title to the properties by correction of the wrong entries in the Town Survey Land Register. The entry sought to be corrected is evidently in the name of the father of the third party/appellant, who is the 1^st respondent in this appeal. Naturally, when an objection was taken by the Government, the 1^st respondent herein should have been added as a party to the proceedings. Therefore, when his rights are being affected, an opportunity should have been given to both parties to prove the rival

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claims. But, however, the appellate Court has unilaterally set aside the entire judgment of the trial Court. Defect, if any, in not adding the first respondent herein as a necessary party to the suit is cured by entertaining the appeal by the appellate Court.

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5. Therefore, in view of the above circumstances, the judgment of the appellate Court is set aside and the plaintiffs are directed to add the first respondent as a third defendant in the suit, which application shall be allowed by the trial court and thereafter, the first respondent shall be given an opportunity to file the written statement. All the defendants shall be given fresh opportunity to adduce evidence on all the aspects relating to the rival claims.

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Accordingly, the Second Appeal is disposed of and the Court below is directed to dispose of the suit within six months. No costs. Miscellaneous petitions, if any, pending in this appeal shall stand closed.

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_______________________________ JUSTICE N.R.L. NAGESWARA RAO

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Date:28.08.2012 Note: Furnish C.C. by 31.08.2012 (B/O) INL

Shivraj (Died Per L.Rs) v. K.Mohanlal

Case brief

What is this about?

What did the court decide?

Shivraj (Died Per L.Rs) v. K.Mohanlal

Case brief

What is this about?

What did the court decide?

What the court decided

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