This judgment dismisses a Civil Revision Petition filed under Article 227 of the Constitution of India and Order 26 Rule 9 CPC for non-prosecution because the petitioner was not appearing or represented with notice not served.
CRP dismissed for non-prosecution without costs and pending miscellaneous applications stayed.
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.
[3218 ]
IN THE HIGH COURTFORTHE STATE OF TELANGANA AT HYDERABAD
TUESDAY,THE ELEVENTHDAY OF OCTOBER TWO THOUSAND ANDTWENTY TWO
PRESENT
THE HONOURABLESRI JUSTICEA.VENKATESHWARAREDDY CIVIL R EVISION PETITION NO: 3104O F 2015
Petition under Article 2270f the constitutionof lndia, order dt. 2.6.2015in l.A.No. 578 0t 2014inl.A.No. 729 0f 2013in o.s.No.28730f 20130n the file of the court of the PrlJunior Civil Judge at Karimnagar.
Between:------nrft""*
Between:------nrft""* Khan, Karimnagar, s/o Dildar Khan, Aged about 61 yrs'-occ: Retd dout. District."rnptoy.je, r/pH.No.6-2-116, Hussainpura, Karimnagar,Karimnagar
,..PETITIONER(PLAINTIFFYPETITIONER.
AND
...RESPONDENTS
l.A. NO:1 oF 2015 I CRPMP. NO: 41380F20 1 5 )
Petition under section151 CPC prayingthat in the circumstancesstated in the affidavit filedin supportof the petition,the Highcourt maybe pleasedto stay all furtherproceedingsin o.s.No. 283 of 2013on the file of the court of the Prl Junior Civil Judge at Karimangar,pertdingdisposalof the above C'R'P'
Counsel for the Petitioner:-
Counsel forthe Respondent1to5:SRl.K. VENUMADHAV
The Court made the following:ORDER
THE HON'BLESRI JUSTICE A.VENKATESHWARA REDDY CIVIL REVISION PETITION NO. 3104 0F 2015 ORDER:
Heard learnedcounselfor the respondents' No representationon behalf of petitioner' As per proceedings dated.21.07.2022leasned counselfor the petitioner is no more andnotice was ordered to the petitioner but it is not yet served. Learnedcounsel for the respondentsseeks to submit that thisCivil RevisionPetition is filed by the petitioner / plaintiffassailing the orders dated 02'06'2015 passed in I.A.No.578of 2Ol4 in I'A'No'729 of 2013in O.S.No.283 of2013 on the file of the PrincipalJunior Civil Judge atKarimnagar,wherein an application under Order 26, Rule 9 of CivilProcedure Code(for short 'CPC')' filed for appointmentof AdvocateCommissioner, was dismissed' It is furthersubmitted bylearned counsel forthe respondents thatinO.S.No'283 of 2013 the trial is commenced,evidenceon both sides concluded and the original suit isbeing adjournedfor arguments' Therefore' in the abovecircumstances,presenceor representationon behalf of therevisionpetitioner is felt essential' Therefore' I do not findany merit to adjourn the matter since original
To,
suit is pending before the trial Court from the year 2013 onwards. While recording the submissions of learnerJ counsel for the respondents, this Civil Revision petition is dismissed for default for non_prosecution. In the circumstances of the case, there shall be no order as to the costs. Miscellaneous applications, if any pending, shall - stands closed. I .,?,tlF#si.J^H //TRUE COPYII SECTION OFFICER
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HIGH COURT
DATED:1 111012022
ORDER
CRP.No.3104of 2015
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DISMISSINGTHE CRP FOR NON'PROSECUTION WITHOUTCOSTS
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1 issue framed by the court
Whether the Civil Revision Petition filed under Article 227 of the Constitution of India deserves to be dismissed for non-prosecution.
2 provisions across 2 enactments
Khan
Nuzeebunnisa Begum
Syed Faqruddin
Syed Siraiuddin
Syed Badruddin
Syed Natiuddin
Venkateshwarareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
