THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.309 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Srinath Reddy, learned counsel for the
appellant and Mr. D.Bhaskar Reddy, learned counsel for
respondent No.4. We have also heard Mr. T.Srikanth
Reddy, learned Government Pleader for Revenue representing respondents No.1 to 3.
2. This intra-court appeal is directed against the order dated 12.12.2022 passed by the learned Single Judge disposing of W.P.No.31722 of 2022 filed by the appellant as the writ petitioner.
3. Appellant had filed the related writ petition seeking the following relief:
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate 2 writ, order or direction, declaring the action of the respondents in particularly the respondents 2 and 3 in cancelling petitioner's pattadar passbook and not issuing digital passbook, at the instance of the 4th respondent under the premise that there is a court case pending with regard to the land to an extent of Ac.4.38 gts in Sy.Nos.198 and 200 of Uppugal Shivarau, Zafferghad Mandal, Jangaon District, though the ex parte decree obtained by the 4th respondent dated 02.08.2019 in I.A.No.188 of 2019 in O.S.No.598 of 2012 on the file of the II Additional Senior Civil Judge's Court, Warangal was set aside by the Court of VII Additional District Judge, Warangal by order dated 04.08.2021 in C.M.A.No.25 of 2020 and the suit was restored to file and also in view of the fact that the suit instituted by the 4th respondent is vexatious litigation based on a simple partition paper without any survey number and land particulars and filed against petitioner's vendor and for a consequential direction to the respondents 2 and 3 herein to issue digital passbook in petitioner's favour for the subject land i.e., land to an extent of Ac.4.38 gts in Sy.Nos.198 and 200 of Uppugal Shivarau, Zafferghad Mandal, Jangaon District."
4. Learned Single Judge noted that O.S.No.598 of 2012 pending on the file of learned II Additional Senior Civil Judge, Warangal, instituted by respondent No.4 is a comprehensive suit for declaration and injunction. Though initially it was decreed ex parte on 11.09.2015 and 3 application filed by the appellant (who is arrayed as defendant in the suit) for setting aside the ex parte decree was dismissed, in appeal i.e., C.M.A.No.25 of 2020, the ex parte decree was set aside. The suit is now at the stage of adducing evidence. Learned Single Judge noted that the suit, being a comprehensive one, all the issues would be decided by the civil court in the suit. Accordingly, liberty has been granted to the appellant as well as respondent No.4 to raise all contentions as urged in the writ petition before the trial court observing that it is for the trial court to decide the above aspect. Further, appellant has been granted liberty to take steps for mutation of the subject land after disposal of the suit.
5. After hearing learned counsel for the parties and on due consideration, we do not find any error or infirmity in the view taken by the learned Single Judge. However, since the suit is of the year 2012, we are of the view that it would be in the interest of justice if a direction is issued to the concerned civil court to decide the suit expeditiously. 4
6. Accordingly, learned II Additional Senior Civil Judge, Warangal, is directed to conclude the hearing and decide O.S.No.598 of 2012 expeditiously and within the outer limit of six months from the date of receipt of a copy of this order.
7. This disposes of the writ appeal.
8. Registry is directed to communicate a copy of this order to the concerned court.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 14.03.2023 vs