Smt. Nirmala Bhati Vs Gowlikar Rajesh — Writ and Judicial Review | Telangana HC (2025)

Smt. Nirmala Bhati Vs Gowlikar Rajesh — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the III Junior Civil Judge, City Civil Court, Hyderabad, to frame issues in accordance with law in O.S. No.901 of 2020 within 30 days from the date of production of a copy of the order and to proceed in accordance with law; Civil Revision Petition disposed of without expressing views on the merits; no order as to costs; pending miscellaneous applications, if any, closed.

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227 of the Constitution of India, should direct the III Junior Civil Judge, City Civil Court, Hyderabad, to decide and dispose of O.S. No.901 of 2020 (pending for framing of issues since 10.10.2023) expeditiously by framing the issues.

Court's answer

The petitioner's prayer was allowed: the III Junior Civil Judge, City Civil Court, Hyderabad, is directed to frame issues in accordance with law in O.S. No.901 of 2020 pending on its file within 30 days from the date of production of a copy of this order, and to proceed in accordance with law.

Ratio / Principle

The Civil Revision Petition stands disposed of without expressing any views on the merits of the case; there shall be no order as to costs, and pending miscellaneous applications, if any, shall stand closed.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Hon'ble Sri Justice Sujoy Paul) — Civil Revision Petition No.4238 of 2024, decided 03.01.2025, under Article 227 of the Constitution of India read with Section 151 CPC. The petitioner, Smt. Nirmala Bhati, complained that O.S. No.901 of 2020 on the file of the III Junior Civil Judge, City Civil Court, Hyderabad, had been pending for framing of issues since 10.10.2023, and prayed that the trial Court be directed to frame issues expeditiously and proceed in the suit. Describing the prayer as innocuous, the Court allowed it and directed the trial Court to frame issues in accordance with law within 30 days from the date of production of a copy of the order and to proceed in accordance with law. The revision petition was disposed of without expressing any views on the merits, with no order as to costs; pending miscellaneous applications were ordered to be closed. Counsel: Sri Pramod Singh for the petitioner; none appeared for the respondents.

IN THE HIGH COURT FOR THE SIATE OF TELANGANA AT HYDERAABAD

FRIDAY THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE SUJOY PAUL

CIVIL REVISION PETITION NO: 4238 OF 2024

Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to allow the above Civil Revision Petition by directing the Hon'ble lll Junior Civil Judge, City Civil Court, at Hyderabad, to decide and dispose of O.S. No.901 of 2020 filed by the petitioner expeditiously.

Between:

Smt. Nirmala Bhati, w/o. Ajay Kumar Bhati, Aged about 40 years, Occ Household, R/o. H.No.3-5-1411E16, King Koti, Hyderabad.

... Petitioner/s

AND

Gowlikar Rajesh, s/o. Sri.G. Shankar Rao, Aged about 49 years, occ. Business, R/o.H.no. 15-2-565 Gowliguda Chaman, lt/aharaj Gunj, Hyderabad.

Gowlikar Dayanand, s/o. G. Shanker Rao, Aged about 42 years, Occ. Business, Both no. 1 and 2 are R/o.H.no. 15-2-565 Gowliguda Chaman, Maharaj Gunj, Hyderabad.

...RespondenVs

IA NO: 1 OF 2024

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.901 of 2020 on the file of Hon'ble lll Junior Civil Judge, City Civil Court, Hyderabad, pending disposal of the revision.

Counsel for the Petitioner{s):Sri. Pramod Singh

Counsel for the Respondents: None appeared

The Court made the following: ORDER

THE HONOURABLE SRI WSTICE SUJOY^PAUL

CML REVISION PETITION No.4238^of2O24

ORDER:

Sri Pramocl Singh, learned^{counsel for the petitioner submits} that the matter is^{pending before the trial Court for framingof} issues since 10 1O.2O23.^{Reliance is placed on the casestatus} {iled along with the present Civil^{Revision Petition.The singular} prayer advancecl is that the trial Court^{may be directed to frame} issues expeditiously^{and proceed further in O.S.No.9O1.of 2O2O.}

This innocuous prayer is allowed^{and the III Junior Civil} Judge, City Civil Court, Hyderabad,^{is directed to frame issuesin} accordance'*,ith law in O.S.No.9Ol^{of 2O2O pending on its lile} within 30 days from the date of^{production of copy of this order} and proceed in accordance^{with law.}

With the arforesaid and without^{expressingany' vieu'son the} merits of the ca';e, the Civil^{Revision Petitionis disposed of. There} shall be no ordt:r as to^{costs. Miscellaneousapplicationspending,} if any, shall star-rd closed.

Sd/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY//

To, 1. The Hon'ble ltl Junior Civil Judge, City Civil Court, at Hyderabad,(with records if any)

One CC to SRl. Pramod Singh, Advocate [OpUC]

Two CD Copies

4-

HIGH COURT

DATED:03i01/2025

ORDER CRP.No.423B of 202,4

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