Prabhu Rao Shinde vs The Honourable Xxi Junior Civil Judge
2025 Latest Caselaw 1077 Tel

Telangana High Court

Prabhu Rao Shinde vs The Honourable Xxi Junior Civil Judge on 5 August, 2025

Author: P.Sam Koshy

Bench: P.Sam Koshy

     THE HONOURABLE SRI JUSTICE P.SAM KOSHY
                     AND
           THE HONOURABLE SRI JUSTICE
            SUDDALA CHALAPATHI RAO

                     W.P.No.22811 OF 2025

ORDER:

(per Hon'ble Sri Justice P.Sam Koshy)

Heard Mr. Rahul Gaikwad, General Power of Attorney

holder of petitioners as party-in-person and perused the record.

2. The instant is a writ petition which has been filed

questioning the commencement of trial by the learned XXI Junior

Civil Judge, City Civil Court, Hyderabad in O.S.No.4021 of 2021.

3. The primary contention of the petitioners in seeking for a

writ of Prohibition is on the ground that there was an earlier round

of civil suit filed i.e., O.S.No.750 of 2011 which stood adjudicated

on 28.06.2021 by the learned XIV Additional Chief Judge (FTC),

City Civil Court, Hyderabad. Now, for setting aside of the said

judgment and decree as null and void, suit has been filed before

the Court lower in hierarchy than the Court which had passed the

judgment and decree dated 28.06.2021 in O.S.No.750 of 2011.

4. During the course of the hearing, it has been revealed that

the petitioners herein have entered appearance before the trial

Court and had filed a detailed written statement on 07.04.2022.

In the written statement, they have taken the objection that has

been raised in the present writ petition, that of jurisdiction of the

Court of the learned Junior Civil Judge, City Civil Court,

Hyderabad. Further, it has also been learnt that the suit has

subsequently progressed substantially and has now reached the

stage of cross-examination of the plaintiff witness.

5. In view of the aforesaid developments, we are of the

considered opinion that it is not the proper stage at which the

objections raised by the petitioners should be decided in the

present writ petition seeking for issuance of writ of Prohibition.

We are not inclined to entertain the writ petition. Nonetheless, if

the petitioners have raised the objection in their written statement

and if that objection has not been framed as an issue, the petitioners

would be at liberty to raise this before the Court concerned for

framing of an additional issue and which the trial Court also shall

consider the same in the course of deciding the suit on merits. We

make it clear that we have not expressed any opinion on merits.

The Court seized of the matter shall be at liberty to decide all the

objections strictly in accordance with law.

6. The writ petition is accordingly disposed of. There shall be

no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall

stand closed.

_____________________ P.SAM KOSHY, ACJ

_________________________________ SUDDALA CHALAPATHI RAO, J 05.08.2025 Note:

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