Samala Venkataiah @ Venkatesh Vs B. Yadagiri @ Yadaiah (Died) per LRs

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE RENUKA YARA

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CIVIL REVISION PETITION NO: 1217 OF 2025

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Petition under Article 227 of the Constitution of.lndia, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to pleased to allow the C.R.P. by setting aside the order made in 1.A.No.112 oI 2025 in O.S.No.349 oI 2O24 (Old O.S. No.24 of 2014), dated 07-03-2025 on the file of the Court of the senior civil Judge, at Shadnagar R.R. District.

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Between:

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. 1. Samala Venkataiah @ Venkatesh, S/o. Late Bheemaiah, Aged about 45 Years, Occ- Agriculture,

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Samala Sathaiah @ Sathyanarayana, S/o. Late Bheemaiah, Aged about 40 years, Occ- Agriculture,

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tsoth are R/o Chatanpally (V) Farooq Nagar (M) MehaboobNagar District. - ...Petitioner/Petitioners/Defendants

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AND

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B. Yadagiri @ Yadaiah (Died) per LRs,

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J.Jayanth, S/o Late Buchaiah Aged about 30 years, Occ- Employee,

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J. Ramulu, S/o Late Buchaiah Aged about 28 years, Occ- Employee

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Lavanya, D/o Late Buchaiah Aged [Vlajor, Occ- Household,

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All are R/o 18-3401, Kandikal Gate Hyderabad. ... Respondents/Respondents/Plaintiffs

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lA NO: 1 OF 2025

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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 in O.S.NO.349/2024 (Old O.S. No.2 4 of 2014) on the file of the court of the senior civil Judge, at shadnagar R.R. District.

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For the Petitioners: sri Kuturu Ravinder Reddy Pratap Reddy, Advocate

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For the Respondents: Sri Gollapudi Udaya Bhaskar Rao, Advocate

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The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE RENUI(A YARA

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CffIL PETITION No.l ZLT of 2o.25

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ORDER:

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Heard Sri K.Ravinder Reddy, lcarned counsel for the revision petitioners and learned counsei for the respondents. Perused the record.

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This Civil Revision Petition is preferred aggrieved by the order dated 07.03.2025 passed by the learned Senior civil Judge, Shadnagar, R.R.District in I.A.No.l12 of 2025 in o.s.No.34g of 2024 (otd o.S.No.24 of 2OL4).

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currently, the suit is at the stage of recording of defendants, evidence. At that stage, the I.A. under revision has been filed to receive documents to be exhibited on behalf of the defendants. The said I.A. was dismissed by the learned trial Court for not stating reasons for not filing the documents at the time of filing of the written statement. A perusal of the list of documents sought to be received shows that except the documents at Serial Nos. I to 4, the remaining documents were not available at the time of filing of the suit or at the time of filing of the '*rritten^statement.

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Since, the documents were not available, the trial Court ought to have received the documents for giving a fair opportunity to the petitioners to put forth their case.

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5' with thr: aforementioned observation, the civil Revision petition is allowed setting aside the impugned order dated or.03.2o25 passed by the learned Senior- civil Judge, Shadnagar, R.R.Distrjcr. in I.A.No.l l2 of 2025 in o.s.N<)-34g of 2024 (ord o.S.N o.24 of 2o,*),subject ro payment of cost of Rs'2,ooo/- to the Member Secretary, High court Legar Services Authority.

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Miscella'eous petitions, if any pending, sha, stand closed

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//TRUE COPYII

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. ^ _SD/-^{L.VIJAYALAXMI} ASSISTANT REGISTNAN 6

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SECTION OFFICER

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To,

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