M/S. Omics International Private ... vs Smt Shamsurunnisa Begum
2025 Latest Caselaw 3442 Tel

Telangana High Court

M/S. Omics International Private ... vs Smt Shamsurunnisa Begum on 26 March, 2025

Author: P.Sree Sudha

Bench: P. Sree Sudha

          THE HON'BLE SMT. JUSTICE P. SREE SUDHA

          CIVIL REVISION PETITION No.786 OF 2025

ORDER:

This Civil Revision Petition is filed aggrieved by the

order dated 07.02.2025 in C.F.R.No.5367 of 2024 in

I.A.No(un-numbered) of 2024 in O.S.No.974 of 2018 on the

file of the learned Principal District and Sessions Judge at

Sangareddy.

2. Heard learned counsel for petitioner. Perused the

record.

3. The Suit vide O.S.No.974 of 2018 was filed for

declaration of title and grant of perpetual injunction by

respondent Nos.1 to 5 and the same was decreed.

C.F.R.No.5367 of 2024 was filed before the trial Court under

Order IX Rule 13 of C.P.C to set aside the judgment and

decree in O.S.No.94 of 2018 dated 05.11.2025 and the same

was rejected on the ground that the decree is not an exparte

decree. Aggrieved by the said order, this civil revision

petition is preferred.

4. Learned counsel for petitioner mainly contended that

petitioner is defendant No.9 in the suit and he neither

received any summons from the Court nor did engage any

counsel to represent him before the Court. Plaintiffs

managed one Krishna Chand Yamparla as a representative of

the defendant No.9 Company and fraudulently filed vakalat

and contested the case only to facilitate the plaintiffs to

obtain the decree in their favour and the said Krishna Chand

is no way connected to the petitioner/defendant No.9

Company. Defendant No.9 neither filed any written

statement nor entered the witness box. Defendant No.9 is in

possession and enjoyment of the said property without any

interruption since purchased in the year 2017. It was

notified as SEZ by the State and Central Government. The

decree was obtained fraudulently. Therefore, requested the

Court to set aside the order of the trial Court.

5. The case of the petitioner herein is no summons were

served upon him and he has not filed any written statement

or entered into witness box. Therefore, this Court finds that

it is just and reasonable to set aside the order of the trial

Court dated 07.02.2025 in C.F.R.No.5367 of 2024 and to

remand back the matter to the trial Court. The trial Court is

directed to number the application and after due enquiry

dispose of the application on merits by duly giving

opportunity to both sides.

6. With the above direction, this Civil Revision Petition is

disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending, shall stand

closed.

___________________ P.SREE SUDHA, J

Date: 26.03.2025 CHS

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

DATED: 26.03.2025

CHS