Dismissed

Smt. Sharda Bai v. Vishwanath Agarwal

Telangana HC17 Oct 2014CRP/1192/2011

Case brief

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What is this about?

Court dismissed Civil Revision Petitions challenging the dismissal of applications for secondary evidence and summons of documents. The court held the efforts were superfluous as the respondent admitted the Municipal Corporation's rejection of regularization.

What did the court decide?

The Civil Revision Petitions are dismissed. Miscellaneous petitions disposed of. No order as to costs.

Smt. Sharda Bai Vs Vishwanath Agarwal — Property and Title | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY

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CIVIL REVISION PETITION Nos. 1192 AND 1240 OF 2011

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Dated:17-10-2014

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Between Smt. Sharda Bai and another

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... PETITIONERS

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AND

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Viswanath Agarwal and another
.. RESPONDENTS

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THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY

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CIVIL REVISION PETITION Nos. 1192 AND 1240 OF 2011

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COMMON ORDER:

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The petitioners filed O.S No.3821 of 2004 in the Court of VIII Junior Civil Judge, City Civil Court, Hyderabad against the respondents for the relief of declaration to the effect that the construction permission dated 03-03-2004 obtained by the 1^st respondent is illegal and untenable and for perpetual injunction. The suit was decreed after contest on 04-09-2008. Aggrieved by that, the 1^st respondent filed A.S No.289 of 2008 in the court of II Additional Chief Judge, City Civil Court, Hyderabad and the same is pending.

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The petitioners contend that the 1^st respondent initiated steps to obtain regularization of the unauthorized construction and that the Municipal Corporation, the 2^nd respondent has rejected the same on 17-05-2010. In view of this development, the petitioners filed three applications, one to receive additional evidence under Order XLI Rule 27 CPC, the other to receive photocopy of the order of rejection as secondary evidence and the third one, to summon the original of the rejection order from the Municipal Corporation. The lower appellate Court dismissed the applications through common order 06-12-2010. Hence, these two revisions.

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The contention of the petitioners that permission obtained by the 1^st respondent for construction of the building is contrary to law was accepted and the suit was decreed. It is no doubt true that during the pendency of the proceedings, the 1^st respondent made an effort to get

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the unauthorized construction regularized and that the application was rejected. The necessity for the petitioners to file the documents in relation to the rejection would have arisen if only the 1^st respondent made an attempt to plead before the lower appellate Court that the unauthorized construction was regularized. The record shows that he admitted the factum of the rejection of the application for regularization. Therefore, the whole effort made by the petitioners to file secondary evidence and to get the original summoned is superfluous. The lower appellate Court has taken the correct view of the matter.

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The C.R.Ps are accordingly dismissed. It is however made clear that in case the 1^st respondent makes an attempt to plead that the unauthorized construction was regularized, it shall be open to the petitioners to place necessary record before the lower appellate Court.

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The miscellaneous petitions filed in these revisions shall also stand disposed of. There shall be no order as to costs.

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___________________________ L. NARASIMHA REDDY, J 17-10-2014 ks

Smt. Sharda Bai v. Vishwanath Agarwal

Case brief

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Smt. Sharda Bai v. Vishwanath Agarwal

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