Maloth Parvathi vs Gandu Satyam
2021 Latest Caselaw 594 Tel

 THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

         CIVIL REVISION PETITION No.1326 of 2020



ORDER:

This Civil Revision Petition is filed by the

petitioner/plaintiff challenging the order dated 01.10.2020 in

E.P.No.122 of 2020 in O.S.No.60 of 2018 passed by the

Sub-Divisional Magistrate and Special Assistant Agent to

Government, Mobile Court, Bhadrachalam (hereinafter

referred to as "the Court below").

Heard Sri K. Sarath, learned counsel for the

petitioner/plaintiff and Sri R.R. Kalyan, learned counsel

appearing for implead petitioners/respondent Nos.3 and 4.

Despite service of notice, none appears for respondent Nos.1

and 2.

Learned counsel for the petitioner/plaintiff had

contended that before passing impugned order dated

01.10.2020, no opportunity was given to the petitioner and

without hearing the petitioner, the Court below has passed

impugned order dated 01.10.2020. He further contends that

after passing the judgment and decree dated 21.08.2018 in

O.S.No.60 of 2018, the petitioner has filed E.P.No.122 of 2020

in O.S.No.60 of 2018 seeking police protection and the Court

below was pleased to provide police protection vide order

dated 24.06.2020. While the petitioner was enjoying the said AKS,J

police protection, without hearing and without giving any

opportunity to the petitioner, the Court below has

mechanically closed E.P.No.122 of 2020 basing on the report

submitted by the Tahsildar, Julurupadu, which report was

called for behind the back of the petitioner. Learned counsel

for the petitioner, therefore, contends that impugned order

dated 01.10.2020 passed by the Court below is contrary to

law and violative of the principles of natural justice and the

same is liable to be set aside and the police protection

granted to the petitioner vide order dated 24.06.2020 be

restored and let the Court below pass orders in accordance

with law after giving opportunity to the petitioner.

Sri R.R. Kalyan, learned counsel for implead

petitioners/respondent Nos.3 and 4 would contend that

respondent Nos.3 and 4 are actual owners of the subject land

and without impleading them as defendants, the revision

petitioner has filed suit O.S.No.60 of 2018 and obtained

judgment and decree dated 21.08.2018. He would further

contend that the revision petitioner is claiming the subject

land through her vendor i.e., Smt. Miryala Seshamma, and

the implead petitioners/respondent Nos.3 and 4 have filed

O.S.No.199 of 1992 seeking perpetual injunction against the

said Smt. Miryala Seshamma and one Parvathaneni Vijaya

Kumar and the same was decreed in favour of the implead

petitioners/respondent Nos.3 and 4 vide judgment and decree

dated 23.12.1996 in O.S.No.199 of 1992 passed by the AKS,J

Principal District Munsif, Kothagudem. As the revision

petitioner has filed O.S.No.60 of 2018 against the property of

implead petitioners without impleading them as defendants,

the implead petitioners have filed un-numbered E.A.No. of

2020 in E.P.No.122 of 2020 in O.S.No.60 of 2018 before the

Court below. Learned counsel for the implead petitioners,

therefore, contends that let the Court below also hear E.A.No.

of 2020 preferred by the implead petitioners and pass

appropriate orders in accordance with law.

Despite service of notice, none appears for respondent

Nos.1 and 2 herein and they were also remained exparte, both

at the time of passing judgment and decree dated 21.08.2018

in O.S.No.60 of 2018 as well as while passing order dated

24.06.2020 in E.P.No.122 of 2020 in O.S.No.60 of 2018

providing police protection to the revision petitioner.

Having considered the rival submissions made by

learned counsel for the respective parties, this Court is of the

considered view that the Court below erred in closing

E.P.No.122 of 2020 in O.S.No.60 of 2018 without giving any

opportunity and without hearing the revision

petitioner/plaintiff, which is contrary to law and violative of

the principles of natural justice and on this ground alone,

impugned order dated 01.10.2020 in E.P.No.122 of 2020 in

O.S.No.60 of 2018 passed by the Court below is liable to be

set aside and, it is accordingly, set aside and the police

protection provided to the revision petitioner vide order dated AKS,J

24.06.2020 stands restored. The Court below is directed to

hear E.P.No.122 of 2020 in O.S.No.60 of 2018 along with un-

numbered E.A.No. of 2020 in E.P.No.122 of 2020 in

O.S.No.60 of 2018 and pass appropriate orders in accordance

with law, after giving opportunity to both the revision

petitioner as well as implead petitioners/respondent Nos.3

and 4.

With the above observations, this Civil Revision Petition

is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand

closed.

________________________________ ABHINAND KUMAR SHAVILI, J 25.02.2021.

Msr AKS,J

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

CIVIL REVISION PETITION No.1326 of 2020

25.02.2021 (Msr)