Tunk Kalavathi vs J. Renuka
2025 Latest Caselaw 1645 Tel

Telangana High Court

Tunk Kalavathi vs J. Renuka on 7 August, 2025

Author: P.Sam Koshy

Bench: P.Sam Koshy

     THE HONOURABLE SRI JUSTICE P.SAM KOSHY

       CIVIL REVISION PETITION No. 2544 OF 2025
ORDER:

Heard Sri Mohammed Adam, learned counsel for the

petitioner and Sri Mohd.Abdul Samad, learned counsel for

respondent Nos.1, 2 and 4.

2. The instant Civil Revision Petition has been filed by the

petitioner seeking for quashment of order passed on 09.04.2025

passed by the XXVI Additional Chief Judge, City Civil Court,

Hyderabad in I.A.No.456 of 2025 in A.S.No.336 of 2011.

3. Vide impugned order dated 09.04.2025, learned Court has

dismissed I.A.Nos.456 and 457 of 2025 which were petitions under

Section 5 of the Limitation Act, 1961 and under Order IX Rule 13

of C.P.C seeking condonation of delay in filing set aside petition to

set aside the ex parte judgment and also seeking for setting aside of

ex parte judgment in A.S.No.336 of 2011 respectively.

4. Today, when the matter is taken-up for hearing, learned

counsel for respondent Nos.1, 2 and 4 submits that though the

appeal that has been preferred by him in A.S.No.336 of 2011 stood

allowed vide order dated 19.12.2022, he does not have any

objection if the petitioner herein is permitted to enter appearance

before the first appellate Court by reopening the same as the

petitioner and respondents decided to compromise the matter and

wanted to obtain compromise decree.

5. Given the submissions made by learned counsel for

respondent Nos.1, 2 and 4 expressing his no objection, if the

appeal is reopened and the petitioner is permitted to participate in

the appeal proceedings, so that, compromise decree can be passed

by the appellate Court, this Court is inclined to allow the instant

Civil Revision Petition.

6. Accordingly, the order passed in I.A.Nos.456 and 457 of

2025 in A.S.No.336 of 2011 by the XXVI Additional Chief Judge,

City Civil Court, Hyderabad, is set aside. Consequently, two

applications stand allowed and the petitioner who is respondent

No.4 before the First Appeal is permitted to enter appearance and

participate in the appeal proceedings.

7. Let the parties enter appearance before the first Appellate

Court on 01.09.2025 and thereafter, the First Appellate Court

permit the petitioner to make her submissions in the disposal of the

Appeal on its own merits and in accordance with law.

8. Accordingly, the Civil Revision Petition stands allowed.

There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall

stand closed.

__________________ P.SAM KOSHY, J 07.08.2025 Nvl