Telangana High Court
Byru Kollaiah vs Peraboina Saidamma on 23 September, 2023
Bench: K.Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION Nos.2560, 2562, 2566, 2569,
2571 AND 2594 OF 2023
ORAL ORDER:
Heard learned counsel for the petitioners. Despite service of
notice, none appears on behalf of respondent No.1. In the cause title
itself, it is mentioned that respondent No.3 is not necessary party.
Learned counsel for the petitioner also filed memos dated 19.09.2023
vide USR Nos.92004; 92005, 92006, 92007, 92008 and 92010 of
2023, all dated 19.09.2023 stating that he is not pressing the present
revision against respondent No.2 also and that he is not necessary
party.
2. All the aforesaid revisions are filed under Article - 227 of
the Constitution of India challenging the orders dated 28.06.2023
passed by learned Judge, Family Court - cum - Additional District
Judge, Khammam in I.A. No.10 of 2021 in I.A. No.1 of 2020 in A.S.
No.96 of 2010; I.A. No.1 of 2020 (I.A. No.326 of 2019) in A.S. No.96
of 2010; I.A. No.8 of 2021 in I.A. No.1 of 2010 in A.S. No.96 of
2010; I.A.No.7 of 2021 in I.A.No.1 of 2020 in A.S. No.96 of 2010;
KL, J
CRP No.2560 of 2023 & batch
I.A. No.9 of 2021 in I.A. No.1 of 2020 in A.S. No.96 of 2020 and I.A.
No.2 of 2020 in A.S. No.96 of 2010, respectively.
3. Perusal of the record would reveal that respondent No.1
herein filed a suit vide O.S. No.703 of 2007 against the deceased
petitioner No.1 herein and respondent Nos.2 and 3 herein and others,
seeking partition and separate possession of the suit schedule property.
The same was decreed on 07.09.2010 by learned Principal Junior Civil
Judge at Khammam.
4. Feeling aggrieved by the said judgment and decree, the
deceased petitioner No.1 herein preferred an appeal vide A.S. No.96
of 2010. The same was dismissed for default on 19.09.2013 by
learned Judge, Family Court - cum - Additional District Judge,
Khammam. Therefore, on coming to know about the same, the
deceased appellant filed I.A. No.1 of 2020 in I.A. No.326 of 2019 in
A.S. No.96 of 2010 to condone the delay of 1976 days in filing an
application seeking restoration of the said appeal, while I.A. No.2 of
2020 in A.S. No.96 of 2010 to re-admit the appeal suit to its original
stage for hearing by setting aside the order of dismissal for default
dated 19.09.2013. During pendency of the said petitions, the deceased
petitioner No.1 died on 06.03.2021. Therefore, petitioner Nos.2 and 3
KL, J
CRP No.2560 of 2023 & batch
herein being legal heirs of the deceased petitioner No.1, filed I.A.
Nos.7, 8, 9 and 10 of 2021 in I.A. No.1 of 2020 in A.S. No.96 of 2010
seeking to set aside the abatement and permit them to contest the case
on merits; condone the delay of 190 days in filing the petition for
setting aside the order of abatement; transpose them as appellant
Nos.2 and 3 in place of the deceased appellant and permit them to
contest the case on merits; and permit them to produce additional
evidence by way of document i.e., certified copy of Will Deed bearing
document No.02/2021, dated 28.01.2021 and receive the same on their
behalf and permit them to defend the appeal on its merits,
respectively. The learned Appellate Court, vide orders dated
28.06.2023, dismissed the said applications.
5. Perusal of the orders would reveal that the appellate Court
did not consider the contentions of the petitioners and did not assign
reasons. Any order without reasons is an order passed without
application of mind. The same is non-est.
6. In the light of the aforesaid discussion, without going into
the merits and demerits of the case, the impugned orders dated
28.06.2023 passed by learned Judge, Family Court - cum - Additional
KL, J
CRP No.2560 of 2023 & batch
District Judge, Khammam in I.A. No.10 of 2021 in I.A. No.1 of 2020
in A.S. No.96 of 2010; I.A. No.1 of 2020 (I.A. No.326 of 2019) in
A.S. No.96 of 2010; I.A. No.8 of 2021 in I.A. No.1 of 2010 in A.S.
No.96 of 2010; I.A.No.7 of 2021 in I.A.No.1 of 2020 in A.S. No.96 of
2010; I.A. No.9 of 2021 in I.A. No.1 of 2020 in A.S. No.96 of 2020
and I.A. No.2 of 2020 in A.S. No.96 of 2010, respectively, are set
aside. The matter is remanded back to the learned appellate Court
with a direction to consider the aforesaid I.As. and pass appropriate
orders strictly in accordance with law by putting the parties on notice
and affording them an opportunity, as expeditiously as possible,
preferably within a period of thirty (30) days from the date of receipt
of copy of this order.
7. The Civil Revision Petitions are accordingly allowed. In the
circumstances of the case, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the
revisions shall stand closed.
_________________
K. LAKSHMAN, J
23rd September, 2023
Note:
Furnish C.C. of order within two (02) days.
(B/O.) Mgr
