S.S.Naidu Builders And ... vs H.Sajjanlal
2022 Latest Caselaw 5649 Tel

        HONOURABLE SRI JUSTICE P.NAVEEN RAO

       CIVIL REVISION PETITION NO.1532 OF 2022

                     Date: 04.11.2022

Between:

S.S.Naidu Builders & Developers,
having Regd.Office at 20-86, Dayanad Nagar,
Malkajgiri, Hyderabad, rep.by Managing Partner,
S.Vinod, s/o.late S.Diddaiah Naidu, Aged about
50 years, occu: Business, r/o.Flat No.23,
Naidu Compelx, H.No.21-81/1, 10th cross road,
Uttam Nagar, Malkajgiri, Hyderabad.

                                               .....Petitioner/
                                            Respondent no.12

     and

H.Sajjanlal, s/o. late H.Kishan Ji,
Aged about 58 years, occu: Business,
r/o.6-1-194, Khairatabad, Hyderabad
and others.

                                             .....Respondents/
                                         Plaintiff Nos.1 and 2/
                                            Defendants 1 to 11




The Court made the following:
                                                                       PNR,J
                                                         CRP No.1532 of 2022

                                    2

             HONOURABLE SRI JUSTICE P.NAVEEN RAO

            CIVIL REVISION PETITION NO.1532 OF 2022

ORDER:

Heard learned counsel Sri A.Naren Raju for the petitioner

and the learned counsel Sri P.Rajender Reddy for respondents 1

and 2.

2. Petitioner herein claims that he entered into the

Development Agreement with the defendants in O.S.No.895 of

2013 on the file of IX Additional Chief Judge, City Civil Court,

Hyderabad. Said suit was filed for partition. Ex parte decree was

passed. Coming to know that ex parte decree was passed,

petitioner filed I.A.No.1211 of 2021 to condone the delay of 379

days in filing the application to set aside the ex parte decree and

judgment dated 31.01.2019. Petitioner also filed I.A.No.1212 of

2021 to set aside the ex parte decree and judgment dated

31.01.2019. These two applications are pending for consideration

before the trial Court. While so, trial Court passed the orders in

I.A.No.1637 of 2019 in O.S.No.895 of 2013 appointing Advocate-

Commissioner directing him to go to the suit schedule property

and division the suit schedule property in terms of the preliminary

decree, prepare a clear sketch and file it with the report.

3. According to the learned counsel for petitioner, as petitioner

is seriously disputing the claim in the suit and he has already filed PNR,J CRP No.1532 of 2022

application to set aside the ex parte decree, without considering

the said application, trial Court could not have proceeded to

appoint Advocate-Commissioner.

4. The factum of filing of two I.As., mentioned above and

pendency of those I.As., are not disputed by the learned counsel

for respondent Nos.1 and 2/plaintiff Nos.1 and 2.

5. Having regard to the fact that application to set aside the ex

parte decree is filed, trial Court ought to have considered the said

application before proceeding to pass final decree. Therefore, the

order appointing Advocate-Commissioner in I.A.No.1637 of 2019 is

set aside and trial Court is directed to consider two I.A.Nos.1211

and 1212 of 2021 before proceeding to appoint Advocate-

Commissioner. Having regard to the fact that as litigation is old,

trial Court is directed to hear and pass orders in these two I.As., as

expeditiously as possible, preferably within a period of six weeks.

Petitioner is directed to cooperate for early disposal of the I.As.

Civil Revision Petition is disposed of. Pending miscellaneous

petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 04.11.2022 Kkm PNR,J CRP No.1532 of 2022

HONOURABLE SRI JUSTICE P.NAVEEN RAO

CIVIL REVISION PETITION NO.1532 OF 2022

Date: 04.11.2022 kkm