Allowed

Orsu Velangi Raju v. T. ChittiBabu

Telangana HC3 Nov 2020CRP/186/2020

Case brief

AI extract

What is this about?

Criminal Revision Petition No. 186 of 2020 involved a challenge to the dismissal of an application to reopen a suit for adducing further evidence. The High Court allowed the petition on payment of costs and directed the trial court to record the petitioner's evidence.

What did the court decide?

Impugned order set aside; petitioner directed to appear for recording of evidence and pay costs of Rs. 5,000.

Orsu Velangi Raju Vs T. ChittiBabu — Specific Performance | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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TUESDAY ,THE THIRD DAY OF NOVEIVBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE JUSTICE G. SRI DEVI

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C.R.P.No. 186 OF 2020

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(Petition Under Article 227 ol lhe Constitution of lndia against the orders dated 23.01.2020 made in 1.A.No.150 of 2020 in O.S.No.2S of 2013 on the file of the Court of the ll Additional District Judge, Nalgonda at Suryapet.)

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Between:

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Orsu Velangi Raju, S/o Chinna George, aged 30 years, Occ. Business, R/o Kodad Town, Suryapet District.

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...PETITIONER/DEFENDANT

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AND

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T.Chitti Babu, S/o Pandya, Aged. 30 years, Occ. Business, R/o Mangalithanda Village, Kodad Mandal, Suryapet District.

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,..RESPONDENT/PLAINTIFF

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l.A NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all furlher proceedings in O.S.No,25 of 2013 on the file of the Court of ll Additional District Judge Nalgonda, at Suryapet.

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I.A.NO: 2 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive and treat the additional affidavit/add itional material paper of DW2 deposition as^part and parcel of the main CRP.

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Counsel for the Petitioner : SRl. VIJAY KUMAR PANUGANTI

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Counsel for the Respondent : NONE APPEARED

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The Court made the following: ORDER

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HON'BLE JUSTICE G. SRI DEVI

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CIVIL REVISION PETITION No.186 of 2020

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ORDER:

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This revision petition is filed challenging the docket order dated 23.0L2020, passed by the learned II-Additional District Judge, Nalgonda in I.A.No.150 of 2020 in O.S.No.25 of 2013, by which, the application filed by the petitioner/defendant for reopening the suit for addr-rcing further evidence on behalf of defendant, was clismissed.

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Heard Sri P. Vijay Kumar, learned counsel for petitioner aud Perused^{the record.}

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Though notice is served on the respondent, there is no representation on his behalf. Therefore, the respondent is set ex porre.

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Learned counsel for petitioner has contended that the trial Court has dismissed the application for reopening of defendant's evidence even before filing counter affidavit by the plaintiff. It is contended that the defendant would be put to irreparable loss and injury if the suit is not reopened for adducing further evidence on his behalf. Therefore, he prayed for setting aside the intpugned^{order and direct} for reopening the suit for further^{evidence of defendant,in the interest} of^justice.

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In the facts and circumstances of the^{case,this Court is of the} view that the ends of^justice would^{be met if one more opportunity is} given to the petitioneri defendant for^{adducing further evidence,} however, on payment of certain^costs.

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Therefore, this civil revision petition is allowed on payment o f costs of Rs.5,000/- (Rupees Five thousand only) within Seven days from the date of receipt of a copy of this order. Out of this amount, Rs.2,000/- shall be paid to the High Court Legal Services Committee, Rs.2,000/- shall be paid to the High Court Advocates' Association and Rs.1,000/- shall be paid to the Court Masters and Personal Secretaries Association.

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The petitioner is directed to appear before the Court below on 23.11.2020 positively, and on such appearance, the Court shall record his evidence, both chief and cross-examination on the same day. Thereafter, if the petitioner intends to adduce any further evidence, hc shall produce his witnesses on day-to-day basis from 24.1L.2020 onwards and conclude his evidence by 30.11.2020 positivell,. Thereafter, the Court shall proceed further in the matter

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With these directions, this civil revision petition is allorved.

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Consequently, pending miscellaneous applications, if any, shall

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stand closed

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LA SD/.M.MANJ (, ASSISTANT //TRUE^COPY// SECTIO OFFICER

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To, 1. 2 iffi^{gj;13i!"{1^;ii'':i}:i:]ii',s.",:il[1"ff} iidtrl}?#'gi]q:#+ii:x?1?.;; 3 The Secretary,^Advocatesi 4 +il3"#341r,^{court Masters & Personal Secretaries Association'Highcourt for} iti ;- si"^i" ;t^t 5 One CC^{to Sri} "t^ViJaY q." s' 1"^Kumar :lI [X?',ii;Li, Ad vo c a te ( o p u c ) 6 Two CD^CoPies k S

HIGH COURT

GSD,J

DATED:0311112020

ORDER

CRP.No.186 of 2020

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Allowing the C.R.P Without costs.

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Orsu Velangi Raju v. T. ChittiBabu

Case brief

What is this about?

What did the court decide?

Orsu Velangi Raju v. T. ChittiBabu

Case brief

What is this about?

What did the court decide?

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