High Court allowed a civil revision petition filed under Article 226 and Section 151 CPC. The Court directed the trial court to amend the written statement and dispose of the suit within six months, holding that impleadment of all co-sharers is not necessary.
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.
[3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
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PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
LR SION ETITION O:140 OF 2022
Petition under Articre 227 of the constitution of rndia against order and Decree dated 0911112021 made and passed in r.A. No. 125 ot zozo in o.s. No. 2643 of 2017 on the f e of Learned xx Junior civir Judge, city civir court ai Hyderabad
Between:
...REVISION PETITIONERS
AND
...RESPONDENTS
IANO:1OF 022
Petition under section 151 cpc praying that in the circumstances stated in the. affidavit filed in support of the petition, ine High court may u" prL.""Jio pass._interim orders of stay including triat of the suitln o.s.No. zaqz 61 2017 on the file of Learned XX Junior Civil Judge, City Civil Court at Hyderabad, p""Oi"g disposal of the above CRp, in the interest of justice
I
lA NO: 2 OF 2022
Between:
Sri. Anurag Jaiswal, Sio. Late Vimal Kumar Jaiswal, Aged about 38 years, qg". Py! Employee, Temporarily residing at U.S.A. permanent Rl/o. H.No. 3- 5-996, Narayanaguda, Hyderabad -500 029,
Rep. by his General Power of Attorney Holder Smt. Neena Jaiswal, W/o. Late Vimal Kumar Jaiswal Aged aboljt 59 years, R/o. H.No. 3-5-996, Narayanaguda, Hyderabad -500 029.
...VACATE PETITIONER/RESPONDENT No. 2
AND
...RESPONDENT NO.1/RESPONDENT NO. 1
...RESPONDENT NOs.2 & 3/ REVISION PETITIONERS
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 pteased to VACATE the lnterim Order Dated 24tO212O22 in C.R.p.No.140 of 2022
Counsel for the Petitioners: SRl. A SURYANARAYANA
Counsel for the Respondent No. 1: NONE APPEARED
Counsel for the Respondent No. 2: SRl. VEERA SHIVA KUMAR
The Court made the following: ORDER
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THE HONOURABLE SMT. JUSTICE K. SUJANA
CrVIL REVISION PETITION No.14O of 2022
ORDER:
Aggrieved by the order dated 09.11.2021 in I.A.No.l25 of 2O2O in O.S.No.2643 of 2Ol7 passed by the Court of learned XX Junior Civil Judge, City Civil Court, Hyderabad, the present Civil Revision Petition is filed.
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the rea.l content, as such prayed the Court to allow the Civil Revision petition.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
SD/- C.PRAVEEN K AR ASSISTANT REG TRAR
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INRUECOPYII
To,
SECTION OFFICER
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HIGH COURT
DATED:2211212023
ORDER
CRP.No.140 of 2022
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ALLOWING THE CRP
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3 issues framed by the court
Whether amendment to the written statement was necessary given that not all co-sharers were impleaded as plaintiffs in the suit.
Whether Order 6 Rule 17 and Order 1 Rule 9 read with Section 151 CPC applied to permit amendment of the written statement.
Whether the trial Court should be directed to dispose of the suit within a specific timeframe.
3 provisions across 1 enactments
K. Kumar Swamy
Sudha Chaliya Centre
Atin Kumar Jaiswal
Anurag Jaiswal
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
