Kakatiya Urban Development Authority vs V. Prabhakar Rao
2024 Latest Caselaw 2765 Tel

Telangana High Court

Kakatiya Urban Development Authority vs V. Prabhakar Rao on 19 July, 2024

      THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

     CIVIL REVISION PETITION Nos.2227 AND 2234 OF 2024


COMMON ORDER:

The 2 Civil Revision Petitions arise out of 2 orders dated

01.02.2024 passed by the I Additional Senior Civil Judge,

Hanumakonda.

2. The impugned order in C.R.P.No.2234 of 2024 records that

the petitioners' petition for receiving enlisted documents under

Order VIII Rule 1A of The Code of Civil Procedure, 1908 (C.P.C.)is

dismissed as infructuous in view of dismissal of I.A.No.218 of

2022. The dismissal of I.A.No.218 of 2022 is the subject matter

of C.R.P.No.2227 of 2024. I.A.No.218 of 2022 was filed for

condoning the delay in filing I.A.No.219 of 2022. The claim

portion of the order passed in I.A.No.218 of 2022 mistakenly

records that it is also a petition under Order VIII Rule 1A of the

C.P.C.

3. After perusing the order it seems that the Trial Court

dismissed I.A.No.218 of 2022 by relying on the judgment of the

High Court of Judicature, Andhra Pradesh at Hyderabad in

MB,J CRP.Nos.2227 & 2234 of 2024

K.Bhaskar Rao Vs.K.A.Rama Rao 1. The Court has also gone

through the said decision. It appears that K.Bhaskar Rao Case

(supra) was pronounced on the principles of Rule 27 of Order

XLVII of the C.P.C. i.e., for additional evidence before the

Appellate Court.

4. It is not clear from the impugned order as to how this

decision would be relevant to the facts which were before the

Trial Court particularly when the petitioners herein (defendant

Nos.1 and 2 in the Suit) intended to bring the additional

documents on record during the trial of the Suit.

5. The docket order dated 01.02.2024 in I.A.No.219 of 2022

does not contain any reason save and except the dismissal of

I.A.No.218 of 2022.

6. This Court is of the view that the Trial Court must have

indicated the reasons for dismissal of I.A.No.218 of 2022 and how

the judgment cited therein can be used against the petitioner.

7. C.R.P.Nos.2227 and 2234 of 2024 are allowed. The

impugned orders dated 01.02.2024 are set aside. The Trial Court

is directed to come to a fresh decision on the petitions filed by the

2010 (5) ALD 339

MB,J CRP.Nos.2227 & 2234 of 2024

petitioner within a period of 8 weeks from 22.07.2024, without

granting any adjournments to the parties. The trial of the Suit

will continue uninterrupted.

Miscellaneous applications, if any, shall stand closed. There

shall be no order as to costs.

__________________________________ MOUSHUMI BHATTACHARYA, J Date: 12.07.2024 BMS/LPD