The High Court disposed of a civil revision petition at the admission stage, observing that objections regarding the validity of a General Power of Attorney holder's evidence should have been raised via review or during trial rather than by revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY
CIVIL REVISION PETITION NO: 234 OF 2021
Petition under Article 227 of the Constitution of lndia aggrieved by the order dated 01-02-2021 in 1.A.No.161 of 2021 in O.S.No.1070 of 2014 on the tile of Principal District Judge, Ranga Reddy District at L.B. Nagar.
Between:
Jambula Anjan Reddy, S/o. Late Kasi Reddy, Aged about 70years, Occ- Agriculturist, Ryo. H.No. 1-19, Dasarlapally Village, Kandukuru Mandal, RR District
...REVISION PETITIONEFYRESPONDENT
AND
Jambula Vasavi, D/o.J.Ganesh Reddy, Aged about 27yearc, Occ- Student, Ri./o,Plot No.304, Vinay Nagar Colony, Shilpi Prestige, Saidabad, Hyderabad Rep by its GPA Holder Jambula Ganesh reddy
...RESPONDENT/RESPONDENT
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therwith, the High Court may bepleased to suspend the operation of order dated 01-02-2021 in lA No.161 ol 2021 in O.S.No.1070 ot 2014 on the file of Principal District Judge, Ranga Reddy District at L.B. Nagar,pending disposal of the CRP,
lA NO: 2 OF 2021
Petition under Section'151 CPCpraying that for the reasons stated in the accompanying affidavit, the High Court may be pleased to grant stay of all further proceedings in O.S.No.'1070 of 2014 on the file of the Principal District Judge, Ranga Reddy District at L.B. Nagar, pending disposal of the CRP.
Counsel for the Petitioner: SRl. GANTA RAMAKRISHNA
Counsel for the Respondent: --
The Court made at the admission stage the following: ORDER
AS H K R D DY
'BL U TICE
c.R.P.No.234 OF2o21
ORDER
Thepetititioner/plaintifffiled O'S'No1O7O ol 2014 on the file of Principal DistrictJudge, R'R' Districtfor declaration The defendant'sfather filed l.A.No.16'1ol 2?21in the said suit underRule 32 of the Civil Rulesof Practice' statingthat he is the GPA holderof the defendant' andthat he may be permitted to representon behalf of the defendant in the suit in respect of the suit schedule property'The trial vide order dated01 02'2021' allowed the application' Aggrievedby the same'plaintifffiled the present revision'
Leamedcounselfor the petitioner submitsthat notice wasservedon the petitioneron 02'02'2021'butthe impugned order was passed on 01 '02'2021and thiswould amount to violation of principals of natural lustice He submits that evidencegiven by a GPA holder on behalfof the principal is not valid' but the courtberow,withoutnoticingthe same, ailowedthe appfication.Hence' the imPugnedorder maY be set aside'
It is tobe seen that if the evidencegiven by the GPAholder is not valid' thepetitionercan agitatethe same duringtrial' and even otherwise'this aspect couldhave been brought to the noticeof the court below by filing a review petition,instead of filinga revision'
lf thepetitioneris still aggrieved'it is open to him to bring to the notice of thecourt below by way of filing a review petition'
Withthe above observation' revision petition is disposed of at the stage of admission.
lnterlocutoryapplicationspending' if any'shall stand closed'No orderas ASs€ftFisAS!"+'IH to costs. lN--' /TTRUECOPY, SECTTONOFFICER
I
HIGH COURT
DATED:1210212021
::t
1 He S TA
c
15 I'IAH 2021
*
F)tT
ORDER
CRP.No.234 ot 2021
DISPOSING OF TI.IE CRP AT THE ADMISSION STAGE WITHOUT COSTS
?--\ ", +'
2 issues framed by the court
Whether a civil revision petition under Article 227 is maintainable when the complainant could have challenged the GPA holder's evidence during trial or via review.
Whether the court below violated principles of natural justice by passing an order without noticing the petitioner's objections to a GPA holder's evidence.
3 provisions across 3 enactments
Jambula Anjan Reddy
Jambula Vasavi
A. Rajasheker Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
