The High Court allowed a civil revision petition challenging the dismissal of an application for appointment of an advocate commissioner. Finding the other side absent, it set aside the lower court's order dismissing the application.
The order passed by the trial court dismissing I.A. No. 607 of 2019 dated 21.08.2023 was set aside.
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.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY,THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT. JUSTICE P.SREE. SUDHA
CIVIL REVISION PETITION NO: 283o oF 2023
Petition under Article 227 ot the Constitution of lndia aggrieved by the setting aside the Order dated.21.08.2023passed in lA No. 607 of 2019in OS No.34 of 2015, on the file of the Court of the Additional Senior Civil Judge at Karimnagar.
Between:
Dasari Gangaiah, S/o. Rajaiah, aged 59years, Occ. Agriculture,Rl/o.Gundi Village, Ramadugu Mandal, Karimnagar District.
...PETITION ER/PETITIONER/PLAINTIFF
AND
...RESPONDENTS/RESPONDE NTS/DEFENDANTS
lA NO: 1 OF 2023
Petition under Section 151 CPCpraying thatin thecircumstances statedin the affidavit filed in support of thepetition, the High Court may be pleased to grant stay of all furtherproceedings in O.S.No.34ot 2015on the file of the Court of the Additional Senior Civil Judge, Karimnagar,pendingdisposal of the CRP.
Gounsel for the Petitioner: SRIKRISHNA KISHOREKOWURI
Counsel for the Respondents:---
The Court made the following:ORDER
THE HONOURABLE SMT JUSTICE P. SREE SUDHA L REVISION P o NO.2830 0F 2023
ORDER
This Civil Revisionpetition is filed aggrieved by the order passed in I.A.No.607 of ZOtg in O.S.No.34 of 2015, dated 21.08.2023 0n the file of the court of the Additional senior Civil Judge at Karimnagar.
record.
2
3
I.A.No.607 of 2019 in O.S.No.34 of 20L5, dated 21.08.2023 passed by the learned Additional Senior Civil Judge at Karimnagar.
Miscellaneous petitions pending, if any, shall stand closed.
SD/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR
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SECTION OFFICER
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HIGH COURT
DATED:1011112023
ORDER
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CRP.No.2830 of 2023
ALLOWING THE CIVIL REVISION PETITION WITHOUT COSTS
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3 issues framed by the court
Whether the order dismissing the application for appointment of an advocate commissioner at the final stage should be set aside when raised by affidavit and the other side failed to appear.
Whether setting aside the impugned order requires a stay of proceedings.
Whether the petitioner's belated filing of the application warrants dismissal due to delay.
2 provisions across 2 enactments
Dasari Gangaiah
Naluvala Laxmi
Baddam Mallamma
Smt. Justice P. Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
