V. Obul Reddy vs B. Yadagiri Reddy And Another
2022 Latest Caselaw 6372 Tel

     THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI


       Civil Revision Petition No.2729 of 2022

ORDER:

This Civil Revision Petition is filed by the petitioner

aggrieved by the order dated 18.10.2022 passed in

O.S.(S.R.)No.10846 of 2022 by the Principal District Judge,

Ranga Reddy District, at L.B. Nagar in returning the plaint;

and, consequently to direct the Principal District Judge,

Ranga Reddy District, at L.B.Nagar to take the plaint

O.S.(SR).No.10846 of 2022 on file and proceed with the

matter.

2. Heard Mr. K. Rajashekar, learned counsel for the

petitioner.

3. Learned counsel for the petitioner contended that

petitioner has filed a suit seeking the following reliefs, viz.,:

"(a) a declaratory decree be passed by declaring the judgment and decree passed in O.S.No.169 of 2013, dated 14.03.2014, on the file of the Hon'ble V Additional District Judge (Fast Track Court), Ranga Reddy District, at L.B. Nagar as null and void and obtained by the defendants by playing fraud on the Court;

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(b) decree for consequential relief of cancellation of the registered Sale Deed bearing Document No.26163/2016, dated 29.12.2015, registered at the office of the Joint Sub- Registrar, L.B. Nagar, Ranga Reddy District, be granted;

(c) that the Joint Sub-Registrar Officer, L.B. Nagar, Ranga Reddy District, be directed by sending a copy of the decree to make a note on the copy of the instruments contained in his books, the factum of cancellation of Regd. Sale Deed bearing Document No.26163 of 2016, dated 29.12.2015;

(d) decree for perpetual injunction be granted restraining the defendants and their agents and all other person or persons acting under them from interfering with the peaceful possession and enjoyment of the suit schedule property; and

(e) costs of the suit be awarded.

4. Learned counsel for the petitioner further contended

that the Section Officer in the Court below has raised

certain objections on 26.09.2022; one of the objection is to

file the suit in a Court having pecuniary jurisdiction;

thereafter, the petitioner has re-submitted the suit by

complying with the said objection on 11.10.2022; and

thereafter, the objections were placed before the Court, and

the Court has returned the plaint vide order dated

18.10.2022 by referring to various judgments.

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5. Learned counsel for the petitioner further contended

that the Court below has not taken into account the

objections raised by the petitioner; the merits of the case

were never discussed, except referring to some judgments,

and whether the objections raised by the petitioner were

right or not, were also not considered by the Court below;

and therefore, prayed this Court to set aside the order

dated 18.10.2022 passed in O.S.(SR).No.10846 of 2022 by

the Court of the Principal District Judge, Ranga Reddy

District, at L.B. Nagar, in returning the plaint, and allow

the Civil Revision Petition.

6. This Court, having considered the rival submissions

made by the parties, is of the considered view that the

Court below is directed to re-examine the case of petitioner

by duly taking into account the objections filed by the

petitioner on 11.10.2022 and pass appropriate orders

thereon in accordance with law.

7. With these observations, the Civil Revision Petition is

disposed of. No costs.

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8. As a sequel, miscellaneous applications pending if

any in this Civil Revision Petition, shall stand closed.

__________________________________ ABHINAND KUMAR SHAVILI, J

Date : 02.12.2022

Note : The Registry is directed to return the original plaint copy to the petitioner so as to enable the petitioner to re-submit the same before the Court below, and so also to enable the court below to pass a fresh order in compliance with the order passed in the present Civil Revision Petition.

B/o.

Ndr