Dismissed

Srinivas v. T.Ravi Kanth Reddy and 85 Others

Telangana HC12 Jan 2024CRP/673/2023

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging the principal civil judge's order permitting amendment to a written statement. The trial court held there was no illegality or prejudice, noting prior remand directions mandated suitable pleadings. The High Court upheld the amendment order, finding no merit in the revision.

What did the court decide?

Civil Revision Petition dismissed confirming the order dated 29.07.2022 in I.A. No. 47 of 2022.

Srinivas Vs T.Ravi Kanth Reddy and 85 Others — Telangana HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT FOR THE STATE OF TELANG ANA AT HYDERABAD

¶2

FRIDAY,THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HONOURABLE SMT JUSTICE K. SUJANA

¶5

CIVIL REVI sION PETITION No: 6730F 2023

¶6

Petition under Articre 227 of the constitution of rndia against the order dated 2910712022 passed in t. A. No 47 of 2022 in O.S.No.g9 of 1984 on the file of the Court of the principal Senior Civil Judge at Mahabubnagar

¶7

Between:

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Srinivas, S/o. Venkat Kishan_Rao, Aged about 50 years, OCC. Software 5i:?;l?* R/o. H. No. 4- 42, Bhooihp;ivirL!" ",iJ nrJ"ajr, ralnrorLnrdli

¶9

...Petitioner/Respondent No.5/plaintiff No.5

¶10

AND

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T.RAVI KANTH REDDY .S/o. Laxmi Narsimha Reddy, Aged about 60 years, occ..Asricutture, R/o. p6tkamp;iv ntibgll lidi[]t jill,our.,ahabubnasar District.

¶12

VENKAT KRISHNA RAO (DIED), (DIED) LR S

¶13

SEETHAMMA, Wo.Venkat Krishna Rao (Died ) Lr s

¶14

RENUKA, D/o. Venkat Krishna Rao, R/o_ H.No. 4_42, Bhoothpur Village and Mandal, Mahabubnagar District.

¶15

REVATHI, D/o. Venkat Krishna Rao, R/o. H_No. 4_ 42, Bhoothpur Viltage afld Mandal, Mahabubnagar District

¶16

6- Ramchender Rao (died), (died) Lrs. Def_No.4

¶17

Gopal Rao, S/o. Srinivas R1o, Aged about 66 years, RIo_ Bhoothpur Village and Mandal, Mahbubnagar District.

¶18

8' Ranga Rao (Died). (Died)L.Rs '.16 No- 8 to 14 in originar suit and Respondents in this petition is 1 2 to

¶19

9 Rangamma,, revtston. W/o. Ramachander Rao (Died) Lrs.6 ,7 i.e. L.Rs No.11,.12 in this

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10.Andalamma. Wio. Gooal Ra_o, Aged about 65 years, R/o. Bhoothpur Village and Mandal, Mahbubnagar District.

¶21

1 1 . A. Seethamma. Wo. Late Narsimha Rao, Aged about Z0 years, Rt/o. H. No. 1 6- MtG-t t, behind Hanuman T..pG,'i;lr;r6"66lro coronv, Mahabubnagar.

¶22

¶23

S.Vijayalaxmi @ Savithri, Wo. Late S.Rama^Rao, Aged about^{55 years, Ryo.} H.No. 1 1-129/2, Sahithi Nagar, PNT Colony, Dilshuknagar,^{Near Ganga} Theater, Saroornagar, Rang Reddy^District..

¶24

Sujathamma, W/o. Ranga Rao, Aged about⁶⁰ Years, R/o.^{Bhoothpur Village} and Mandal, lvlahbubnagar District.

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14.B.Srinivas Rao, S/o. Ranga Rao, Aged about 42^{yearcRl/o. BhoothpurVillage} and Mandal, Mahbubnagar District.

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B.Raghavender Rao, S/o. Ranga Rao, Aged about 34^years, Ri/o.^Bhoothpur Village and Mandal, Mahbubnagar District.

¶27

M. tr,lanjula,, Wo.Madhusudan Rao, Aged about 44^years, R/o.^{5TH Floor,} Ponkview Residency, B.N.Reddy Nagar, Vanastalipur, Ranga Reddy District.

¶28

17.A. Sridevi,, Wo. A. Gopalkrishan Rao, Aged About 41 Years, Rl/o. Plot No. 34, Dwrakamayinagar, Vanastalipur, Hyderabad, Ranga Reddy District.

¶29

lS.Krishna Veni, W/o- P. V. S. S. Prasad, Aged about 39 years, R/o. Plot No426, Vaidehinager, Vanastalipur, Hyderabad, Ranga Reddy District.

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19.Smt. Janaki,, W/o. Narsimha Rao, Aged about 35 Years, RJo. H.No. 15 -93, Near Telephone Exchange, Nagerkurnool Town and Mandal, Mahabubnagr District.

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Lingya, S/o. Teekya , fr,'lajor, Rl/o. Amistapur, Bhoothpur^(M)

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21 .cemya, S/o. Gegya , tvlajor, R/o. Amistapur, Bhoothpur^(M) Mahabubnagar District

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22- Samalamma, Wo. Vasram, Maior, Ryo. Amistapur, Bhoothpur (til) Mahabubnagar District

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23- Katravath Shanker, S/o. Peenya, Major, Ryo. Amistapur Bhoothpur (lrl) lvlahabubnagar District

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24- Somla, S/o. Teekya, Major, R/o, Amistapur, Bhoothpur (tr4) lrlahabubnagar District

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Somla, S/o. Keshya, IVlajor, Rl/o. Amistapur, Bhoothpur^('tvl) Mahabubnagar District

¶37

Kataravath Naresh, S/o. Peenya, Major, R/o. Amistapur, Bhoothpur (M), Mahabubnagar District

¶38

K.Narayana, S/o. Peenya, Major, Rio. Amistapur, Bhoothpur ([il) Mahabubnagar District

¶39

Dcdya, S/o- Teekya, Major, Rl/o. Amistapur, Bhoothpur⁽ M)

¶40

Hemla,, S/o. Teekya, Major, Rt/o. Amistapur, Bhoothpur (M)

¶41

Bo.iya, Son of Not Known, Ma.jor, Rt/o. Amistapur, Bhoothpur (M) Mahabubnagar District

¶42

Pentiya, S/o. Peenya, Major, Rt/o. Amistapur, Bhoothpur ( Ir,'l) Mahabubnagar District

¶43

Katravath Hatiram,, S/o. Peenya, Major, Rt/o. Amistapur Bhoothpur (M) Mahabubnagar District

¶44

¶45

Andalamma, Wo- Gopal Rao, Major, R:/o. Amistapur, Bhoothpur^(M) Mahabubnagar District

¶46

Sokya, S/o. Keshya, Major, R/o. Amistapur, Bhoothpur (M) Mahabubnagar District

¶47

Kesya, S/o. Surya, Major, R/o. Amistapur, Bhoothpur (M)

¶48

Soniya, S/o. Teekya, Major, RUo. Amistapur, Bhoothpur^(M)

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Dootya, S/o.Chandru, Major, R/o. Amistapur, Bhoothpur^(M)

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Meghanth, S/o.Malya, Major, Rio. Amistapur, Bhoothpur (M)

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Peenya, S/o. Teekya, Major, R/o. Amistapur, Bhoothpur^(tt/)

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Katravath Hatiram, S/o. Peenya,Major, Rio. Amistapur, Bhoothpur (M) Mahabubnagar District

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K.Narayana, S/o. Peenya,Major, Rl/o. Amistapur, Bhoothpur (M) Mahabubnagar District

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42.Kaiavalh Pentya,, S/o. Peenya, Major, Rl/o. Amistapur, Bhoothpur^(M) Mahabubnagar District

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Dodya, S/o.Teekya, Major, Rl/o. Amistapur, Bhoothpur (l\r)

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44.Bodya, S/o. Teejya,Major, R/o. Amistapur, Bhoothpur⁽ lril)

¶57

Kesya, S/o. Gegya,Major, Rl/o. Amistapur, Bhoothpur (M)

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Meghanath, S/o. Malya,Major, R/o. Amistapur, Bhoothpur (M) Mahabubnagar District

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47 .Kemya, S/o.Gegya,Major, Ryo. Amistapur, Bhoothpur (M)

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Somla,, Son of Haha, Major, R/o. Amistapur, Bhoothpur^(t\tl)

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Pichakuntla Shivaiah,, S/o. Yellaiah, Major, R/o. Amistapur, Bhoothpur (M) Mahabubnagar District

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Pichakuntla Narsimulu, Son of Chinna Bheemaiah, Major, R/o. Amistapur, Bhoothpur (M) Mahabubnagar District

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Pichakuntla Balaiah, Son of Yellaiah, Malor, R/o. Amistapur, Bhoothpur (M) Mahabubnagar District

¶64

Pichakuntal Pedda Bheemaiah, Son of Yellaiah, Major, Rt/o. Amistapur; Bhoothpur (M) Mahabubnagar District

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Pichakuntla Chinna Bheemaiah, Son of Yellaiah, Major, R/o. Amistapur, Bhoothpur (M) Mahabubnagar District

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Pichakuntla Eedaiah, Son of Yellaiah, Major, R/o. Amistapur, Bhoothpur (M), Mahabubnagar District

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Srinivas, S/o Sanjanna, Major, R:/o. Bhoothpur Village and M

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Raj kumar, S/o. Chennaiah, (Died),

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K-Aruna Kumari, Wife of K.Ajith Reddy, Maior, Bhoothpur Village and Mandal, Mahabubnagar District

¶70

¶71

58.T. Sreekanth Reddy,^{Son of Narasimha Reddy, N,lajor, Ryo.Bhoothpur Village} and Mandal, Nlahabubnagar District

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T.Laxmaiah, Son of Sharabaiah^{Goud, Major, Bhoothpur Villageand Mandal,} [/ahabubnagar District

¶73

T.sharabhaiah, S/o. Shivaramulu,^{lvla.ior,Bhootpur Villageand Mandal,} tvlahabub naga r District

¶74

Nareder Goud, son of Sharabaiah,^{Major, BhoothpurVillage and Mandal,} Mahabubnagar District

¶75

Guruvallab Dev, son of^late Sambhaiah,^{Major, Bhoothpur Village and} Ir,4andal, tvlahabubnagar District

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Dharma Reddy, Son of^Masi Reddy,^{Major,R:/o.Bhoothpur Villageand M} Mahabubnagar District

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Hema Reddy,, Sio. Masi Reddy,^{Major, Ryo.Bhoothpur Villageand tril} Mahabubnagar District

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Abdul Rasheed^{(died),(died)asper L.Rs D-67 to 69}

¶79

Sucharita, Wo.^Raj Kumar,^{Ma1or,R/o. H.No.1-10-1411214, Shashabgutta,} Mahabubnagar Town and^District.

¶80

Smt. Salma Bhanu,, W/o.Late^{Abdul Rasheed,Malor,R/o.H.No. 13-260'61'} Opp- R D O Guest House, Mahabubnagar^{Townand District.}

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68- t\rohd. Javed, S/o. Late Abdul Rasheed,^{55 Years,Rl/o.H.No. 13-260,61,Opp.} R D O Guest House, l\rahabubnagar^Town and^District.

¶82

S. Ananth, son of Rama lyer Sundaram, aged^Major

¶83

S. Raghu, Late Abdul Rasheed, Major,^{BothRl/o. Flat No. 505, Sriven} Elegance, Jyothinagar, Gottigere, Bangalore, Karnataka^-560083.

¶84

Haji Mohammed, S/o. Late Abdul Rasheed , Aged about^{32 Years,}

¶85

Simin Banu, Wife of Riyaz Sharef, Aged about 26^Years,

¶86

73-Abdul Hameed,, S/o. Late Abdul Rasheed, aged about 16^{Years, U/9.} of^D-63

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74- Kadire Shekar Reddy, Sio.K.Ganapathi Reddy, Aged 43 Years, Occ. Business, H-No. 3-3-63, endowment Colony, Ramanthapur Amerpet, Hyderabad. 500013

¶88

Irrladireddy Yadi Reddy, S/o. Ram Reddy, Aged 44^yearc, Occ. Business, Rl/o H.No. 3-53, Karvena Vitlage, Bhoothpur Mandal, Mahabubnagar District

¶89

Sabbireddy Narender Reddy,, S/o. S. Narasimha Reddy, aged 35 Years, F/o H-No. 3-53, Polepally Village, Bizinepally Mandal, Nagerkurnool District.

¶90

77 .C. cal Reddy, S/ o C. Pulla Reddy, aged 42 Years, Occ. Business, R/o. H. No.1-34lB, Near Bus Stand, Kotha N/olgara Village, Bhoothpur Mandal, Mahabubnagar District.

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K.Ashok Reddy,, S/o. K.Blakista Reddy, Aged 44 Years, Occ. Busiess, R:/o. H- No. 10-34/8, Flat No. 405, Mahalaxmi Tower, Bright School, Mahabubnagar.

¶92

¶93

79.K.Shiva Kumar,, S/o. triluttaiah, Aged 20 Years, Occ. Agril, R/o. H. No-^'1-96, Goplapur Village, Bhoothpur Mandal, Mahabubnagar .

¶94

S. Anitha, Wo. Shyam Prasad^ji, Aged 30 Yrs, Occ. Govt. Employee, R/o. H-No. 5-22, Bhoothpur Village and Mandal, Mahabubnagar District

¶95

81.T. Yadamma, Wo. T.Venkataiah Goud, Aged 65^years, R/o. H.No. 3- 3, Bhoothpur Village and Mandal, Mahabubnagar District.

¶96

B. lndira, D/o. T.Venkataiah Goud, Aged 43 year, Rl/o. H.No. 3-3, Bhoothpur Village and Mandal, h/ahabubnagar District.

¶97

83.T. Subhash Goud, S/o. T.Vnkataiah Goud, Aged 43 Years, Rl/o- H. No. 1-2lA, Bhoothpur Village and Mandal, Mahabubnagar District.

¶98

34.T.Muralidhar Goud, S/o. Venkataiah Goud, Aged 47 Years, PJo. H. No. 1-126, Bhoothpur Village and Mandal, Mahabubnagar District.

¶99

S5.T.Goverdhan Goud, S/o- T.Venkataiah Goud, Aged 47 Years, R/o. H.No. 4- 215l2, Bhoothpur Village and Mandal, [tr{ahabubnagar District.

¶100

Soodini Mahinder Reddy, S/o. S.Narsimha Reddy, Aged about 46 Years, Occ. Business, R/o. H.No. 8-2-62111, Shiva Sai Colony, Jillellaguda, Saroornagar, R-R.District. 500079 ( Respondents No- 4 to 86are not necessary^parties to this Revision Petition herein)

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...Respondents/Respondents/Defendants

¶102

(Respondents No.4 to 86 are not necessary parties to this Revision Petition herein)

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lA No: 2 OF 2023

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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 be pleased to vacate the interim order dated 03.03.2023 made in C.R-P.No.673 of 2023 being exlended from time to time, in the interests of justice.

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lA NO: 1 OF 2023

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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 further proceedings including the trail of the suit in O.S.No. 99 of 1984 on the file of the court of the Principal Senior Civil Judge, at [Iahabubnagar, pending the final disposal of the main C.R.P.,

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Counsel forthe Petitioner: SRI J. SURESH BABU

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Counsel for the Respondents: B SATISH KUMAR

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The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE K. SUJANA CwIL REVISION PETITION No.673 of 2023

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ORDER

¶112

Aggrieved by the order dated 29.O7.2O22 in l.A.No.47 of 2022 in O.S.No.99 of 1984 passed by the Court of learned Principal Senior Civil Judgc, Mahabubnagar, the present Civil Revision Petition is filed.

¶113

2- I.A.No.47 ot 2022 is filed under Order VI Rule 17 read with Section 15 I of CPC see king to permit the petitioner/defendant No.62 to amend the written statement and to add paragraph Nos. 1O to 15 after p:rragraph No.9 of his written statement stating that respondent Nos.l to 5 therein filed suit for partition and separate possession o[ the suit schedule property against respondent Nos.6 to I2. Subsequently, other respondents therein added as parties to thc suit. Then, some of the respondents have filed their written statement separately on various averments and he too filed separate written statement in the main suit. It is further submitted that in his written statement, he had not pleaded various facts including purchase of land bearing Sy.No.65 to an extent o[ Ac. 1.O2 guntas, Sy.No.69 to an extent of Ac. 0.36 guntas, Sy.No.64 to an extent ot Ac.O.3O guntas. Sy.No.68 to an extent of Ac.L.24 guntas which are out of item Nos.15, 16, 48 and 51 of suit schedule lands herein from the respond<:nt No.7 through registered sale deed. He purchased the land in Sy.Nos.Z2 and 73

¶114

¶115

.sKs -/ C.R P.No.67 3 of 2023

¶116

to an extent of Ac.4.O3 guntas and Ac. O.29 guntas, out of item No.50 of suit schedule lands from others through registered sale deed and subsequently, Ac. 1.32 guntas in Sy.No.64/B divided into plots and sold to several third parties through various registered sale deeds and those facts are not mentioned in his earlier written statement. So to avoid further complications and multiplicity ol proceedings, he is intending to add those pleadings in his written statement-

¶117

The respondent therein filed counter objecting to allow this petition and hc submitted that the petitioner wants to introducc written statemcnt by way o[ amendments in his writtcn statement at this belated stage, as such, it is not maintainable and prayed thc Court to dismiss the petition.

¶118

The trial Court on hearing both sides, allowed the petition stating that no prejudice will be caused to the revision petitioner.

¶119

.) Heard Sri J. Suresh Babu, learned counsel for thc petitioner AS well as Sri B. Satish Kumar, learned counsel for the respondents-

¶120

6 Having regard to the submissions made by both thc learned counselland having gone through the material availablc on record, the suit is of the year 1984. This Court uide order dated 09.06.2009 in A-S.No.486 of 1991 in O.S.No.99 of 1984 has sct aside the judgmenL and decree and remanded the matter back tcr

¶121

)

¶122

SKS,J C.R P.Nct.67 3 of²⁰²³

¶123

the Court directing the^{parties toadducefurtherevidence if} necessary by suitable amending^{pleadings.As there is a direction} of this Court for suitable^{amendment of pleadingsit cannot be said} that it is belated stage. If^{there is any prejudiceto the petitioner,} he can file a rejoinder to the said^{amendmentof the written} statement. As such, there is^{no illegality in the order of the trial} Court and there are no merits in^{the petition and it is liable to be} dismissed.

¶124

7 . Accordingly, this Civil Revision^{Petition isdismissed} confirming the order dated^{29.07.2022 in I.A.No 47 of 2022 in} O.S.No.99 of 1984^{passed by the Court of learned I)rincipal Senior} Civil Judge, Mahabubnagar. There^{shall be no orde: as to costs.}

¶125

As a sequel, miscellaneous petitions,^pendirlg if^any,shall

¶126

stand closed

¶127

SD/-A-V.S. PRASAD ASSISTANT^REGISTRAR //TRUE COPY// srcrrfrfrrcen

¶128

To 1. The Principal^{SeniorCivil Judge at Mahabubnagar (with recordsif} any)

¶129

z. OnL'Cc to^{SRl. J SURESHBABUAdvocate[oPUC]} 5. On.^{CC to SRl.B SATISHKUMARAdvocateIOPUC]}

¶130

Two CD CoPies MY\ Y

MY\

HIGH COURT

DATED:1210112024

ORDER CRP.No.673 of 2023

¶136

'1.:
1HE S 14 /e.
($
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11 tqAp ?Irt
tPAl Cu,('

¶137

D!SMISSING THE CRP WITHOUT COSTS.

¶138

@N"^

Srinivas v. T.Ravi Kanth Reddy and 85 Others

Case brief

What is this about?

What did the court decide?

Srinivas v. T.Ravi Kanth Reddy and 85 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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