Telangana High Court
Allam Lavanya vs The Stage Of Telangana And 3 Others on 14 March, 2023
Bench: Ujjal Bhuyan, N.Tukaramji
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
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
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.
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
