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crp_2989_2019
AVR, J
THE HON' BLE SRI JUSTICE A. VENKATESHWARA REDDY
Civil Revision Petition No.2989 of 2019
ORDER:
This Civil Revision Petition is filed under Section 115 of Code of Civil Procedure (for short, 'CPC') assailing the impugned order dated 25.11.2019 in E.A.No.15 of 2019 in E.A.No.3 of 2019 in E.P.No.5 of 2019 passed under Order 21 Rule 26 read with Section 151 CPC, to stay the Judgment and Decree dated 05.03.2019 passed in O.S.No.88 of 2013 on the file of Principal Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District, till the disposal of Appeal Suit filed at District Court, Ranga Reddy District, at L.B.Nagar.
The main grounds of revision are that the impugned order is contrary to law; that the Court below erred in dismissing the E.A.No.15 of 2019 filed by the petitioners for grant of stay of judgment and decree passed in the O.S.No.88 of 2013 dated 05.03.2019 till the disposal of AS(SR) No.8681 of 2019 without properly appreciating the facts of the case; that the Court below ought to have seen that when once the appeal suit is filed against the judgment and decree in O.S.No.88 of 2013, no prejudice would be caused to the respondent even if the stay of proceedings of Judgment and Decree in O.S.No.88 of 2013 is granted; that the Court below ought to have seen that during the pendency of ASSR No.8681 of 2019, if the proceedings in E.P.No.5 of 2019 are allowed the purpose would be defeated; that the respondent under the pretext of Police protection granted in E.A.No.3 of 2019, is trying to grab the property belonging to the petitioners; that the Court below 2 crp_2989_2019 AVR, J has failed to appreciate the facts and evidence of PW.1; accordingly prayed to allow the CRP by setting aside the order dated 21.11.2019 passed in E.A.No.15 of 2019 in E.A.No.3 of 2019 in E.P.No.5 of 2019, or pass any such orders as deemed fit.
Notice served to the respondent/decree holder/plaintiff. Heard on both sides.
The contention of the petitioners as per the grounds of civil revision are that petitioners are the defendants/judgment debtors in O.S.No.88 of 2013 on the file of Principal Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District; that suit was filed for perpetual injunction in respect of suit schedule property; the land admeasuring two acres in Survey No.326 situated at Thulekhurd village, Yacharam Mandal, Ranga Reddy District. The suit was decreed after full length trial on giving opportunity to both sides to lead evidence on 05.03.2019, and perpetual injunction was granted in favour of the plaintiff/decree holder against defendants/judgment debtors and their henchmen from causing any interference in the possession and enjoyment of the plaintiff over the plaint schedule property.
It is the case of the petitioners/defendants/judgment debtors that aggrieved by the judgment and decree in O.S.No.88 of 2013 dated 05.03.2019, the petitioners have preferred an appeal and the same is pending before the Principal District Judge, Ranga Reddy District. As per the grounds in this civil revision petition, it is only mentioned that AS(SR) No.8681 of 2019 was filed before the District Court at Ranga Reddy District which is seriously disputed by the respondent/plaintiff.
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crp_2989_2019 AVR, J On a perusal of the order impugned, the learned Principal Junior Civil Judge, Ibrahimpatnam, in para 6 has clearly mentioned that on online verification, the Court has noticed that no such Appeal (SR) No.8681 of 2019 was filed before Principal District Court, Ranga Reddy District, at L.B.Nagar.
Even after recording such finding, no effort was made by the revision petitioners to ascertain the status of the appeal, if any, filed by them. During the arguments also when enquired by this Court about appeal number, the learned counsel for the revision petitioners failed to give such appeal number. If really the revision petitioners have filed any such appeal before the Principal District Court at Ranga Reddy, they are at liberty to ventilate their grievance in the appeal suit and to obtain stay of the judgment and decree in O.S.No.88 of 2013 dated 05.03.2019. There is no whisper on behalf of the revision petitioners either in the grounds of revision or at the time of arguments that they have preferred appeal and it is numbered and it is still pending.
In the above circumstances, I doubt the genuineness of the SR number or the appeal number as mentioned either in the grounds of this revision petition or in the impugned order to the effect that aggrieved by the judgment and decree of the trial Court in O.S.No.88 of 2013, the petitioners/defendants/J.Drs have preferred an appeal and that either it is appeal No.8681 of 2019 on the file of Principal District Court, Ranga Reddy District or Appeal SR No.8681 of 2019.
In the order impugned, the learned Principal Junior Civil Judge, having narrated the contentions of both sides discussed at 4 crp_2989_2019 AVR, J para 6 to the effect that though learned counsel for the petitioners did not mention that they have preferred the appeal against the Judgment and Decree in O.S.No.88 of 2013 as on date of the orders i.e., as of 25.11.2019, that Court has not received any stay order from the District and upon online verification of case status it was noticed that no such appeal with number AS(SR) No.8681 of 2019 is filed and pending before the Principal District Court, at Ranga Reddy.
Even after specific finding recorded by the Court in the order impugned, no efforts are made by the petitioners/judgment debtors/either to furnish the correct status of their appeal or at least the appeal SR number.
In the above circumstances, I do not find any material irregularity in the order impugned to be rectified by this Court under Section 115 of CPC. However, the petitioners/judgment debtors/defendants are at liberty to ventilate their grievance and to move appropriate application to stay the proceedings before the appellate Court if they have already filed appeal or if they choose to file the same.
Accordingly, the civil revision petition is disposed of. No costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
________________________ A. VENKATESHWARA REDDY, J 02nd November, 2021 ksm 5 crp_2989_2019 AVR, J THE HON' BLE SRI JUSTICE A. VENKATESHWARA REDDY Civil Revision Petition No.2989 of 2019 02nd November, 2021 ksm