Telangana High Court
Smt. Pandem Kalpana vs Mr. Rakeesh Punna on 16 September, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
CIVIL MISCELLANEOUS APPEAL NO.196 OF 2025
Sri A. Venkatesh, learned Senior Counsel representing Mr. P.Vamshi
Krishna, learned counsel appearing for the appellant.
Mr. A. Najeeb Khan, learned counsel appearing for the respondent Nos.1 and
2.
JUDGMENT:
(Per Hon'ble Justice Moushumi Bhattacharya)
The present Appeal arises out of an order dated
11.02.2025 passed by the learned XII Additional District Judge,
Ranga Reddy District at L.B.Nagar ('Trial Court') in I.A.No.341 of
2024 in O.S.No.244 of 2024. The suit was filed by the
respondent Nos.1 and 2/plaintiffs for specific performance of
contract, declaration and consequential injunction.
2. The impugned order was passed in the I.A filed by the
plaintiffs for restraining the defendant No.2 from alienating the
suit schedule property. The defendant No.2 is the appellant and
the defendant No.1 is the respondent No.3 before us. The
appellant (defendant No.2) claims that the respondent No.3
(defendant No.1) was the vendor of the appellant. In other
words, the appellant purchased the suit schedule property from
the defendant No.1/respondent No.3 before us.
3. After hearing learned Senior Counsel appearing for the
appellant/defendant No.2 and learned counsel appearing for the
respondent Nos.1 and 2/plaintiffs, it is evident that the
impugned order suffers from a defect on the face of the order in
terms of non-compliance with a Circular of this Court dated
28.09.2021. The said Circular relies on an order dated
28.07.2021 of the High Court for the State of Telangana passed
in CRP No.1234 of 2020 wherein all the Subordinate Courts
were directed to mark the documents filed by the parties to
Interlocutory Applications in strict compliance with Rules 51
and 60 of The Telangana Civil Rules of Practice and Circular
Orders, 1980. The Circular sets out Rules 51 and 60 of The
Telangana Civil Rules of Practice and Circular Orders, 1980.
The Court is informed that apart from the Single Bench decision
in CRP No.1234 of 2020, directing the requirement of marking
of documents filed in interlocutory applications was also
followed by a Co-ordinate Bench.
4. The impugned order does not contain any index or list of
documents marked in the I.A filed by the respondent Nos.1 and
2/plaintiffs.
5. We are of the view that the Appeal should be remanded
back to the Trial Court for the limited purpose of marking of the
documents in adherence to the Circular dated 28.09.2021.
6. We have also heard learned Senior Counsel for the
appellant, learned counsel appearing for the respondent Nos.1
and 2 and the respondent No.3 appearing party-in-person with
regard to the lacuna in the impugned order i.e., the absence of
any reference to the points taken by the defendants in the
counter and the Adoption Memo filed before the Trial Court.
7. We do not wish to express any further view on the merits
of the case or infirmities in the impugned order until the Trial
Court complies with the Circular dated 28.09.2021 and comes
to a reasoned decision in respect of the points raised by all the
parties before it.
8. CMA No.196 of 2025 is accordingly allowed and disposed
of by setting aside the impugned order dated 11.02.2025 and
remanding the matter to the Trial Court. The appellant shall be
at liberty to file an appropriate application before the Trial Court
by tomorrow i.e., 17.09.2025 as prayed for by Senior Counsel.
The Trial Court shall decide the application in the shortest
possible time as is possible under the circumstances.
9. The appellant shall also be at liberty to file an appropriate
application for permitting the appellant to alienate/sell the
property as is contended by the Senior Counsel before us.
Needless to say, the appellant shall not take any steps to
frustrate the I.A filed by the plaintiffs which forms the subject
matter of the present C.M.A until the Trial Court decides the
application. The Trial Court shall consider afresh the merits of
the matter and dispose of the I.A. as directed including marking
of the documents in compliance with the Circular dated
28.09.2021 in all respects.
10. All connected applications are disposed of. There shall be
no order as to costs.
__________________________________
MOUSHUMI BHATTACHARYA, J
_____________________________
GADI PRAVEEN KUMAR, J
DATE: 16.09.2025
Note:
Issue C.C forthwith
(B/o.) SUS
