Syed Imtiaz Ahmed v. Mohammed Omer
Case brief
What is this about?
In a civil revision under Article 226 challenging the rejection of a plaint, the High Court allowed the petitioner to withdraw the revision petition. The Court permitted the filing of a subsequent civil appeal, computing a fresh three-week limitation period from the date of this order.
What did the court decide?
Prayer for withdrawal of the civil revision petition allowed; petitioner permitted to file an appeal with a three-week limitation period computed from the date of this order.
What the court decided
13217 1
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CIVIL REVISION PETITION NO: 6517 OF 2018
Petition Under Arlicle 227 of the constitution of India aggrieved by the Order dated 08-08-20'18 passed in 1.A.No.2701 of 2013 in O.S.No.583 of 2013 on the file of the Court of the ll Additional Judge, City Civil Court at Hyderabad.
Between:
Syed lmtiaz Ahmed, S/o Syed Osman, Represented by GPA Sri Syed Zaki Ahmed, S/o Syed Osman, age 36 years, Occ: Business, R/o 1 6-.1 -2lAl2,Saidabad Hyderabad.
...Petitioner
AND
- 1 Mohammed Omer, Sio Mohd. lbrahim, Age 58 years, Occ: Business, R/o 17 -841212, Bagh-E-Jahan Ara, Yakutpura, Hyderabad.
Issues for consideration
2 issues framed by the court
Whether leave for withdrawal of the civil revision petition is legally permissible despite the general rule that appeal alone lies against orders under Order VII Rule 11 CPC.
Whether a petitioner in a civil revision under Article 226 may be permitted to file a subsequent civil appeal subject to the limitation court computing a fresh period.
Parties & counsel
- petitioner
Syed Imtiaz Ahmed
- respondent
Mohammed Omer
- respondent
State Bank of India
Coram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · January
- Registered
- Case no.
- CRP/6517/2018
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