Telangana High Court
Kakatiya Urban Development Authority vs V. Prabhakar Rao on 19 July, 2024
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
CIVIL REVISION PETITION Nos.2227 AND 2234 OF 2024
COMMON ORDER:
The 2 Civil Revision Petitions arise out of 2 orders dated 01.02.2024 passed by the I Additional Senior Civil Judge, Hanumakonda.
2. The impugned order in C.R.P.No.2234 of 2024 records that the petitioners' petition for receiving enlisted documents under Order VIII Rule 1A of The Code of Civil Procedure, 1908 (C.P.C.)is dismissed as infructuous in view of dismissal of I.A.No.218 of 2022. The dismissal of I.A.No.218 of 2022 is the subject matter of C.R.P.No.2227 of 2024. I.A.No.218 of 2022 was filed for condoning the delay in filing I.A.No.219 of 2022. The claim portion of the order passed in I.A.No.218 of 2022 mistakenly records that it is also a petition under Order VIII Rule 1A of the C.P.C.
3. After perusing the order it seems that the Trial Court dismissed I.A.No.218 of 2022 by relying on the judgment of the High Court of Judicature, Andhra Pradesh at Hyderabad in 2 MB,J CRP.Nos.2227 & 2234 of 2024 K.Bhaskar Rao Vs.K.A.Rama Rao 1. The Court has also gone through the said decision. It appears that K.Bhaskar Rao Case (supra) was pronounced on the principles of Rule 27 of Order XLVII of the C.P.C. i.e., for additional evidence before the Appellate Court.
4. It is not clear from the impugned order as to how this decision would be relevant to the facts which were before the Trial Court particularly when the petitioners herein (defendant Nos.1 and 2 in the Suit) intended to bring the additional documents on record during the trial of the Suit.
5. The docket order dated 01.02.2024 in I.A.No.219 of 2022 does not contain any reason save and except the dismissal of I.A.No.218 of 2022.
6. This Court is of the view that the Trial Court must have indicated the reasons for dismissal of I.A.No.218 of 2022 and how the judgment cited therein can be used against the petitioner.
7. C.R.P.Nos.2227 and 2234 of 2024 are allowed. The impugned orders dated 01.02.2024 are set aside. The Trial Court is directed to come to a fresh decision on the petitions filed by the 1 2010 (5) ALD 339 3 MB,J CRP.Nos.2227 & 2234 of 2024 petitioner within a period of 8 weeks from 22.07.2024, without granting any adjournments to the parties. The trial of the Suit will continue uninterrupted.
Miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
__________________________________ MOUSHUMI BHATTACHARYA, J Date: 12.07.2024 BMS/LPD