CRP/517/2023 of M. Rajendra Prasad Vs Khalid Bin Shaik Mohammed Al- Amoodi (DIED) on 29 December 2023

HIGH COURT FOR [THE STATE OF ][TELANGANA]AT HYDERABAD

FRIDAY ,THE TWENTY [NINTH DAY OF DECEMBER]TWO THOUSAND AND [TWENTY ][THREEi]

PRESENT

]THE [HONOURABLE ][SMT. JUSTICE K. ][SUJANA]

6 AND 517 0F 2023

CIVILEVISION PETITION NOs:

CRP.No.50 6of 2023

Petition filed under [Article ][227 ][0f ][lhe ][constitution of ][lndia, to ][set ][aside the docket]order dated [15.12.2022 ][passed ][in ][l.A.No. 72 of ][2On ][in ][o.S.No. ]['1274 ][of 2014 on ][the]file of the Additional [Senior ][civil ][Judge, Ranga Reddy District at lbrahimpatnam.]

Between:

1t\, Raiendra Prasad. S/o. Late [M. ][Naganna, ][aged about ][65 ][years, ][Occ']ir,iedicf,i Cractitioner, Rl/o. [Flat No. ][101; Glass ][Building, Muweila, ][National]eaints, Stra4an having [temporarily come down to Hyderabad']ir,iedicf,i Cractitioner, Rl/o. [Flat No. ][101; Glass ][Building, Muweila, ][National]eaints, Stra4an having [temporarily come down to Hyderabad']

2Smt. C. Suguna Kumari, [Wo. M. ]!aj.e.1dra- . [Prasad' ][Occ' ][Social]Woii<e#of iticiEn, [R/o. Flat ][No. ][tot' ][Glass Building, Muweila, National Paints,]Sharjah having temporarily [come down to ][Hyderabad. ]...PETITIONERSWoii<e#of iticiEn, [R/o. Flat ][No. ][tot' ][Glass Building, Muweila, National Paints,]Sharjah having temporarily [come down to ][Hyderabad. ]...PETITIONERS

AND

1 . Khalid Bin Shaik Mohammed [Al- ][Amoodi (DIED), ][S/o ][Shaik Mottd ][Bin]nr-oool, lg.d ibout 59 [years, ][occ. ][Businesd, ][R/o. ][19-3-198/32133, ][Madina]Nagar, YakhutPura, [HYderabad']nr-oool, lg.d ibout 59 [years, ][occ. ][Businesd, ][R/o. ][19-3-198/32133, ][Madina]Nagar, YakhutPura, [HYderabad']

2. Mohd. Saleem [(DIED), S/o. Late ][MoM. ][Chand, Aged about 43 ][years,. ][Occ']- iilJ;;.c Rv;. ii-i-zbitzs, Darab Jung Colonv Lane, Yakutpura, Hvderabad'- iilJ;;.c Rv;. ii-i-zbitzs, Darab Jung Colonv Lane, Yakutpura, Hvderabad'

3. - Mohd. Hameed [Khan, ][S/o. Mohd' ][Mahamood, ]{ged [about 41 years,'Occ']Business, PUo. 16-7'22121A, Azampura, Hyderabad'Business, PUo. 16-7'22121A, Azampura, Hyderabad'

4. MoM. Osman, S/o. [MoM. ][Yakoob, Aged about 61 years, ][Occ ][Business, R/o']H.No. 16-7 -221, Azampura, [Hyderabad.]H.No. 16-7 -221, Azampura, [Hyderabad.]

5. - Salma io*rt sg-i.aii, 8egum, Wo. Occ llousewife, [Late Khalid ]PUo. [Bin Shaik ]17 - 3 [Mohammed ]- 198/3233, [Al-Arnoodi, ]Madina Nagar'[Aged]Yakutpura, Hyderabad.Yakutpura, Hyderabad.

6. FaisalBinKhaledAlAmoodi,S/o.LateKhalidBinShaikMohammedAl-- nmoooiAsedZbotitaz years, Occ Business' Ryo' 17 - 3 - 198/32133, MadinaNagar, YakutPwa, Hyderabad.nmoooiAsedZbotitaz years, Occ Business' Ryo' 17 - 3 - 198/32133, MadinaNagar, YakutPwa, Hyderabad.

7 Avesha Rizwana. D/o. Late Khalid [Bin Shaik ][Mohammed ][Al-Amoodi' ][Aged];$ui i8 t;ar;,'Gc [Housewife, ][R/o. ][17 ][- ][3 ][- ][19{3132133' ][Madina ][Nagar']Yakutpura, Hyderabad.;$ui i8 t;ar;,'Gc [Housewife, ][R/o. ][17 ][- ][3 ][- ][19{3132133' ][Madina ][Nagar']Yakutpura, Hyderabad.

8. Fawwad Bin Khalid Al-Amoodi, S/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 39 years, Occ Business, R/o. 17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.Amoodi, Aged about 39 years, Occ Business, R/o. 17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.

9. Khatija Maimoona, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Agedabout 38 years, Occ Housewife, FJo. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.about 38 years, Occ Housewife, FJo. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.

lO.Mareyam Asma, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Agedabout 36 years, Occ Housewife, FJo. 17 - 3 - 19813A33, Madina Nagar,Yakutpura, Hyderabad.about 36 years, Occ Housewife, FJo. 17 - 3 - 19813A33, Madina Nagar,Yakutpura, Hyderabad.

. [1 1 ][. ][Hafsa Reshma, ][D/o. ][Late Khalid ][Bin Shaik ][Mohammed Al-Amoodi, ][Aged]about 35 years, Occ Housewife, FJo. t7 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.about 35 years, Occ Housewife, FJo. t7 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.

12. Fahad Bin Khalid Al Amoodi, S/o. Late Khalid Bin Shaik Mohammed At-Amoodi, Aged about 33 years, Occ Business, Rl/o. 17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.Amoodi, Aged about 33 years, Occ Business, Rl/o. 17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.

13. Hamad Bin Khalid Al Amoodi, S/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 32 years, Occ Business, R/o. 17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.Amoodi, Aged about 32 years, Occ Business, R/o. 17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.

14. Humera Haseena, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Agedabout 30 years, Occ Housewife, Ri/o. 17 - 3 - 1988A33, Madina Nagar,Yakutpura, Hyderabad.about 30 years, Occ Housewife, Ri/o. 17 - 3 - 1988A33, Madina Nagar,Yakutpura, Hyderabad.

15. Najma Sana, D/o. Late Khalid Bin Shaik Mohammad Al-Amoodi, Aged about28 years, Occ Housewife, R/o. 17 - 3 - 198132133, Madina Nagar, Y'akutpura,Hyderabad.28 years, Occ Housewife, R/o. 17 - 3 - 198132133, Madina Nagar, Y'akutpura,Hyderabad.

16. Saba Sufia, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 27years, Occ Housewife, Rl/o. 17 - 3 - 198132133, Madina Nagar, Yakutpura,Hyderabad.years, Occ Housewife, Rl/o. 17 - 3 - 198132133, Madina Nagar, Yakutpura,Hyderabad.

17. Fauzan Bin Khalid Al Amoodi, S/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 23 years, Occ Business, Rl/o. 17 - 3 - 198/32133, MadinaNagar, Yakutpura, HyderabadAmoodi, Aged about 23 years, Occ Business, Rl/o. 17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad (RRs TO 17 ARE BROUGHT ON RECORD AS LRS OF THE DECEASEDR1 AS PER C.O,DT.31t10t2023 tN |A.NO.3/2023)R1 AS PER C.O,DT.31t10t2023 tN |A.NO.3/2023)

18. Ghousia Begum, Wo. Late Mohd Saleem, Aged about 38 years, OccHousewife, tr.'/o.22-3-28129, Darab Jung Lane, Yakutpura, Hyderabad.Housewife, tr.'/o.22-3-28129, Darab Jung Lane, Yakutpura, Hyderabad.

19. Mohd Basheer, S/o. Late Mohd Saleem, Aged about 25 years, Occ Business,No.22-3-28129, Darab Jung Lane, Yakutpura, Hyderabad.No.22-3-28129, Darab Jung Lane, Yakutpura, Hyderabad.

20. Mohd Salman, S/o. Late Mohd Saleem, Aged about 24 yearc, Occ Business,Rlo.22-3-28129, Darab Jung Lane, Yakutpura, Hyderaba-d.Rlo.22-3-28129, Darab Jung Lane, Yakutpura, Hyderaba-d.

21. Mohd Sameer, S/o. Late Mohd Saleem, Aged about 24 yearc, Occ Business,No.22-3-28129, Darab Jung Lane, Yakutpura, Hyderabab.No.22-3-28129, Darab Jung Lane, Yakutpura, Hyderabab.

(RR18 TO 21 ARE BROUGHT ON RECORD AS LRS OF THE DECEASEDR2 AS [pER ]C.O, DT.31/10/2023 tN |A.NO.4/2023)R2 AS [pER ]C.O, DT.31/10/2023 tN |A.NO.4/2023)

...RESPONDENTS

l.Ait€t: 1 OF 2023

Petition under section [151 ][of ][cPC ][praying ][that ][in ][the ][circumslances]stated in the affidavit [filed ][in ][support ][of ][the ][petition, ][the ][High ][court ][may. be]pi"ri"a to suspend the Order and [Decree daled ][15.12.2022 ][passed ][in ][l.A. ][No.]iZotZOZO ind.S. [tto. ][1274.,1. ][2O'l4by ][theAdditional SeniorCivil ][Judge, ][Ranga]Reddy District at [lbrahimpatnam pending disposal ][of ][the ][civil ][Revision ][Petition.]

t.ANO: 2 OF 2023

PetitionunderSectionl5lofcPcprayingthatinthecircumstancesstaied in the affidavit [filed ][in ][support ][of ][the ][pe{ition, ][the ][High ][court ][may ][be]pi"""Lo to stay all the [proceedings ][in o.s.No. ][1274 ][of ][N',l4 ][on the ][fite ][of]hdditional Senior [Civil Judge, ][Ranga Reddy ][at ][lbrahimpatnam ][pending ][disposal]of the Civil Revision [Petition.]

CRP. No.517 o12023

Petition filed under [Article 227 ][0f ][lhe ][constitution of ][lMia, ][to ][set ][aside the docket]order dated [15.12.2022 ][passed in l.A.No. 73 of 2020 ][in ][o.S.No. ][1274 of 2014 on ][lhe]file of the Additional [senior ][civil ][Judge, Ranga Reddy District at lbrahimpatnam.]

Between:

1M. Rajendra Prasad, [S/o. Late M. ][Naganna, ][aged ][about ][65 ][years' ][Occ']Medical PractilionerMedical Practilioner2Smt. C. Suguna [Kumari, ][W/o. ][M. ][Raiendra Prasad, ][Occ' ][Social]Worker/Politicianmd. iat [No. ][101, ][Glass Building, Muweila, National Paints, Sharjah']Worker/Politicianmd. iat [No. ][101, ][Glass Building, Muweila, National Paints, Sharjah']*ii;';;; having temporariry [come down to ][rro"tro"o ]...r=TlfloNERs/DEFENDANTShaving temporariry [come down to ][rro"tro"o ]...r=TlfloNERs/DEFENDANTS

AND

. 1.Ar-o&i Khalid Bin is"d Shaik Mohammed 59 years, Occ. [Al- Amoodi (DIED), ][Busin'ess, ][R/o. ][S/o' ][19-3-198/32133, ][Shaik ][MoM ][Bin][Madina]Nagar, Yakhutpura, "bout [HYderabad.]Nagar, Yakhutpura, "bout [HYderabad.]

Mohd. Saleem [(DIED), ]S/o. [Late Mohd. Chand, Aged about 43 years, ][Occ' ].Business, [PUo.22-3'281N, Darab Jung Colony Lane, Yakutpura, Hyoeraoao]Business, [PUo.22-3'281N, Darab Jung Colony Lane, Yakutpura, Hyoeraoao]

2. Mohd. Hameed Khan,, [S/o. Mohd. Mahamood, Aged about 41 years, Occ']eriines., N o. [1 ][6'7 ][-22 ][t ][2l ][A, Azampura, Hyderabad]eriines., N o. [1 ][6'7 ][-22 ][t ][2l ][A, Azampura, Hyderabad]

3. Mohd. Osman, S/o. [Mohd. ][Yakoob, Aged ][aboutol ][years, ][Occ' ][Business' ][Ri/o']H.No. 16-7 [-221'1, ][Azampura, Hyderabad]H.No. 16-7 [-221'1, ][Azampura, Hyderabad]

4.

5. Salmaa-Begum, S/o. [Late Khalid ][Bin ][Shaik Mohammed Al-Amoodi' Aged]JuJ,it ss-vi-iri,'occ [Housewife ], [No. ][17 ][- ][3 ][- ][198132133' ][Madina Nagar']Yakutpura, Hyderabad.JuJ,it ss-vi-iri,'occ [Housewife ], [No. ][17 ][- ][3 ][- ][198132133' ][Madina Nagar']Yakutpura, Hyderabad.

6. Faisal Bin Khaled Al [Amoodi, S/o. Late Khalid ][Bin ][Shaik-Mohammed Al-];fi;;', Asi# A;ut [42 years' ][occ ][Business, ][No' ][17 ][- ][3 ][- ][19E/32l33, Madina]Nagar, Yakutpura, [HYderabad.];fi;;', Asi# A;ut [42 years' ][occ ][Business, ][No' ][17 ][- ][3 ][- ][19E/32l33, Madina]Nagar, Yakutpura, [HYderabad.]

7. Ayesha Rizwana, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Agedabout 38 years, Occ Housewife, R/o. 1 7 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.about 38 years, Occ Housewife, R/o. 1 7 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.

8. Fawwad Bin Khalid Al Amoodi, S/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 39 years, Occ Business, Fyo. ['17 ]- 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.Amoodi, Aged about 39 years, Occ Business, Fyo. ['17 ]- 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.

9. Khatija Maimoona, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Agedabout 38 years, Occ Housewife, Ryo. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.about 38 years, Occ Housewife, Ryo. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.

10. Mareyam Asma, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Agedabout 36 years, Occ Housewife, R/o. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.about 36 years, Occ Housewife, R/o. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.

1 1. Hafsa Reshma, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Agedabout 35 years, Occ Housewife, Ryo. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.about 35 years, Occ Housewife, Ryo. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.

12. Fahad Bin Khalid Al-Amoodi, S/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 33 years, Occ Business, P/o.'17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.Amoodi, Aged about 33 years, Occ Business, P/o.'17 - 3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.

13. Hamad Bin Khalid Al-Amoodi, S/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 32 years, Occ Business, Ryo. 17 [- ]3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.Amoodi, Aged about 32 years, Occ Business, Ryo. 17 [- ]3 - 198/32133, MadinaNagar, Yakutpura, Hyderabad.

'14. Humera Haseena, D/o. Late Khalid 8in Shaik Mohammed Al-Amoodi, Agedabout 30 years, Occ Housewife, Rl/o. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.about 30 years, Occ Housewife, Rl/o. 17 - 3 - 198132133, Madina Nagar,Yakutpura, Hyderabad.

15. Najma Sana, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about28 years, Occ Housewife, No. 17 - 3 - 198132133, Madina Nagar, Yakutpura,Hyderabad.28 years, Occ Housewife, No. 17 - 3 - 198132133, Madina Nagar, Yakutpura,Hyderabad.

16. Saba Sufia, D/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 27years, Occ Housewife, No. 17 - 3 - 198132133, Madina Nagar, Yakutpura,Hyderabad.years, Occ Housewife, No. 17 - 3 - 198132133, Madina Nagar, Yakutpura,Hyderabad.

17. Fauzan Bin Khalid Al Amoodi, S/o. Late Khalid Bin Shaik Mohammed Al-Amoodi, Aged about 23 years, Occ Housewife, Fyo. 17 - 3 - 198132J33,Madina Nagar, Yakutpura, Hyderabad.Amoodi, Aged about 23 years, Occ Housewife, Fyo. 17 - 3 - 198132J33,Madina Nagar, Yakutpura, Hyderabad.

(RRs TO 7 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED R1AS PER C.O,OT.31t10t2023 rN |A.NO.3/2023)AS PER C.O,OT.31t10t2023 rN |A.NO.3/2023)

18. Ghousia Begum, Wo. Late Mohd Saleem, Aged about 38 years, OccHousewife, PJo.22 - 3 - 28129, Darab Jung Lane, Yakutpura, Hyderabad.Housewife, PJo.22 - 3 - 28129, Darab Jung Lane, Yakutpura, Hyderabad.

19. Mohd Basheer, S/o. Late Mohd Saleem, Aged about 25 years, Occ Business,No.22 - 3 - 28129, Darab Jung Lane, Yakutpura, Hyderabad.No.22 - 3 - 28129, Darab Jung Lane, Yakutpura, Hyderabad.

20. Mohd Salman, S/o. Late Mohd Saleem, Aged about 24 years, Occ Business,FUo.22 - 3 - 28129, Darab Jung Lane, Yakutpura, Hyderabad.FUo.22 - 3 - 28129, Darab Jung Lane, Yakutpura, Hyderabad.

21. Mohd Sameer, Slo. Late MoM Saleem, Aged about [24 ][years, ]Occ [Business,]No.22-3-28129, Darab Jung Lane, Yakutpura, [Hyderabad.](RR18 TO 21 ARE BROUGHT ON RECORD AS LRS OF THE DECEASEOR2 AS PER C.O, DT .3111012023 lN lA.NO.4/2023)

...RESPONDENTS

l.A. NO: 1OF 2023

i Petition under Section 151 of CPC [praying ]that in the circumstancess{ated in the affidavit filed in support of the [petition, ]the High Court [may be]pleased to suspend the Order and Decree daled 15.12.2O22 passed in l.A.No. 73of 202O in O.S.No.1274 of 2014 by the Additional Senior [Civil ][Judge, ][Ranga]Reddy District at lbrahimpatnam [pending ]disposal of the Civil Revision [Petition.]

l.A NO: 2OF 2023

'I Petition under Section 151 of CPC [praying ][that ][in the ][circumstances]stated in the affidavit filed in support of the [petition, ][the ][High Court may ][be]pleased to stay all the proceedings in O.S.No.'1274 of 2014 on the file ofAdditional Senior Civil Judge, Ranga Reddy at lbrahimpatnam [pending disposal]of the Civil Revision Petition.

Counsel for Petitioners : Sri K.V. RUSHEEK [REDDY ][(in both)]

Counsel for Respondents : Sri M.ABASITH [(in both)]

The Court made the following: COMMON [ORDER]

t.

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i

THE HONOURABLE [SMT. ][WSTICE ][K' ][SUJANA]

CIVTL[REVISION PETITION][ Nos.][506][ and ][51][7of][ 2o23]

COMIION[ORI)][ER:]

C.R.P.No.SO6 [of ][2023 ][arises ][out of ][order ][dated ][15'12'2022]in [I.A'No.72 ][of ][2O2O ][in ][O'S'No' ][1274 ][of ][2OL4 ][by ][the ][learned]passed Additional [Senior ][Civil ][Judge' ][Ranga Reddy ][District ][at]IbrahimPatnam'2. C.R.P.No.517 [of ][2023 ][arises ][out of ][order ][dated ][15'12'2022]in [I.A.No.73 ][of ][2O2O ][in ][O'S'No' ][1274 of ][2Ol4 by ][the ][learned]passed Additional [Senior ][Civil ][Judge' ][Ranga Reddy ][District ][at]IbrahimPatnam.

3. BrieffactsofthecasealethatthepetitionersaredefendantsNo.2 and [3 ][in ][the ][aforesaid ][suit' ][It ][is ][their ][case ][that petitioner ][No'1]is a medical [practitioner ][and ][is ][a resident of ][Sharjah' United ][Arab]Emiratesarrdtheyintermittentlytraveltolndia.Theypurchasedthe suit [schedule ][property ][i'e'' ][agricultural ][dry land ][admeasuring]Ac.o 1-oO [gts in ][Sy'No' ][1/ ][1' ][situated ][at ][Raviryal ][Village']Maheswaram [Mandal, ][Ranga Reddy ][District ][from ][one ][Mohd']Azeemudin [uide ][safe ][deed document No'12153 ][of ][2OO3 dated]24.OI.2OO3, [but ][they ][have ][not utilized the ][same' ][Apart ][from ][the]said land, [the ][petitioners ][have ][also ][purchased ][other ][parcels ][of]

sxs,JCRP. Nos.5O6 & 577 ol 2O2O

land, which a-re located near to the suit schedule property a',d havebeen undertaking farming activities in those lands.

4. While so, a theft occurred in one of the parcels of land ownedby lhe petitioners and one G. Avinash, who is the caretaker ofthose lands, visited Pahadi Shareef police Station during the monthof October, 2Ol7 lor lodging a complaint on behalf of thepetitioners. While so, the Police have informed the said Mr. G.Avinash to furnish some details on the ground that anothercomplaint was also lodged on behalf of the petitioners by somethird person and the details were required for the purpose ofinvestigation in the said complaint. On further enquiry, the saidMr. G. Avinash was informed that a suit was also liled someby other third parties against the petitioners in respect of the suitschedule property, which is pending before the Ranga ReddyDistrict Court.

5. The petitioners were shocked to hear about the alleged policecomplaint being lodged by some third party and they immediatelyengaged a counsel on whose enquiry, they came to know that thepresent suit was filed seeking specific performance of an allegedagreement of sale and that the plaintiffs filed the suit against thedefendants seeking specific performance of alleged agreement of srs,J

CRP.Nos.5O6 & 517 of 2O23

sale, which they claim to have been executed by defendant No. I onbehalf of defendant Nos.2 and 3 for the purpose of selling the suitschedule property in favour of the plaintiffs and that the suit ishled against one K. Sharadha Reddy claiming to be the GPA Holderfor the petitioners herein.

6. The petitioners contend that they never executed any GPA in favour of any person much less in favour of said K. SharadhaReddy. The alleged GPA possessed by the said Ms. K. SharadhaReddy is a sham, fabricated, fraudulent and concocted document.Reddy. The alleged GPA possessed by the said Ms. K. SharadhaReddy is a sham, fabricated, fraudulent and concocted document.

7 . It is further submitted that the petitioners have also notexecuted any agreement of sale-cum-GPA with possession in favourof defendant No.1 i.e., Mohammed Osman authorizing him to enterinto any transactions with any person in respect of suit scheduleof defendant No.1 i.e., Mohammed Osman authorizing him to enterinto any transactions with any person in respect of suit scheduleproperty and that the plaintiffs in collusion with defendant No.l,the said K. Sharadha Reddy and others have conspired to knockthe said K. Sharadha Reddy and others have conspired to knockaway the suit schedule property belonging to the petitioners. Thepetitioners reserye their right to initiate appropriate criminalpetitioners reserye their right to initiate appropriate criminalproceedings against the plaintiffs and defendalt No.l and K.Sharadha Reddy who are involved in the said conspiracy andprayed the court to strike off and discard the written statement,Sharadha Reddy who are involved in the said conspiracy andprayed the court to strike off and discard the written statement,afhdavits, counter affrdavits, pleadings, memos, documents, written SI(S,J

CRP. rilos.5O6 & StZ of 2O2S

submissions etc. on behalf of defendant Nos.2 and 3 and to permitto file the same afresh and also to permit the petitioners to engagea new counsel and to strike off the narnes of their ea_rlier counsels.Hence, the petitioners frled the above two petitions.

Arguments

8. . Respondents/plaintiffs filed counter affidavit denying theaverments of the petitioners. It is stated that they issued notice tothe petitioners through Registered post on os.oz.2ot4, which wasreceived by them on OT.OZ.2014. Despite receiving the notice, thepetitioners filed the petitions. It is submitted that when thepetitioners received in the year 2014 itself and were informed of thecase facts by their caretaker in the year 2O17, they ought to havefiled documents to support their case, more particularly, the reasonfor such a long delay from 2018. Moreover, nowhere in thepetition, the petitioners mentioned that they are in the possessionof the suit schedule property. whereas these respondents are inpossession in terms of valid agreement of sale and have beenpayrng the electricity bills till date. It is further submitted that theyare having the legitimate protected rights in the schedule propertyand have constructed a compound wall and tin shed rooms alongwith main gate with watchmar along his family. As such, it is Y

sxs,J

CRP.Nos.5O6 & 517 ol 2023

stated that the petitioners have filed [the ][petitions ][with ][false ][and]concocted grounds [just ]to [prolong the ][litigation.]

9. The said GPA holder had not liled [any ][counter. ][The]respondent/plaintiff filed counter denying [the ][averments ][of ][the]petition and prayed the Court to dismiss the [petition.]

10. The trial Court after hearing on both [sides, dismissed ][the]

petitions stating that the said K. Sharadha Reddy [sought]permission from the Court vide I.A.No.5O2 of 20 [15 ]to [represent the]petitioners and accordingly, she hled written statement [on ]behalf ofthe petitioners/defendant Nos.2 and 3 on 26.08.2015. [The ][said]suit is coming up for framing of issues. In the [written ][statement]filed by the GPA holder of the petitioners, she has [denied ]the [case]of the plaintiffs and also pleaded that, she filed complaint againstthe plaintiffs and defendant No.1 before the learned [XIV]Metropolitan Magistrate, Cyberabad, L-B.Nagar for forging thedocuments etc., Hence, the pleadings made on behalf of thepetitioners by the GPA holder are not against the case of thepetitioners/defendant Nos.2 and 3 and also observed that theyhave not filed any document to show that they had cancelled theGPA in favour of said K.Sharada Reddy and no criminal srs,J

CR P.,lVos.5O6 & 577 ol 2O2S

proceedings were initiated against the said K. Sharadha Reddy.Accordingly, the trial Court dismissed both the petitions.

I 1. Heard Sri K.V. Rushik Reddy, learned counsel for thepetitioners as well as Sri M.A. Basith, learned counsel appearing onbehalf of the respondents.petitioners as well as Sri M.A. Basith, learned counsel appearing onbehalf of the respondents.

12. l*arned, counsel for the petitioners would submit that the petitioners are the original owners of the suit schedule propertSrand that they have never executed any GpA in favour o[ K.sharadha Reddy to act on their behalf. The plaintiffs created falsedocuments of the suit schedule property. Hence, the petitions filedby them ought to have been allowed by the trial court.and that they have never executed any GpA in favour o[ K.sharadha Reddy to act on their behalf. The plaintiffs created falsedocuments of the suit schedule property. Hence, the petitions filedby them ought to have been allowed by the trial court.

13. On the other hand, Iearned counsel for the respondents would

submit that the petitioners filed these petitions with ulteriormotive, by colluding with GPA holder, to grab amount from therespondents as the property value is in hike. That apart, thepetitions are not maintainable as the petitioners failed to frle anyrespondents as the property value is in hike. That apart, thepetitions are not maintainable as the petitioners failed to frle anydocuments in support of their case. As such, he prayed to dismissthe petitions.the petitions.

14. Having regard to the rival submissions made by both thelearned counsel and having gone through the material available on sxs,J

CRP.,lVos.5O6 & [517 ][ol ][2023]

record, [there ][are ][no ][documents ][filed ][either ][on ][behalf ][of ][the]petitioners [or ][on ][behalf ][of the respondents' ][The ][petitioners ][have]not hled [any ][documents ][to ][prove ][that ][they ][gave ][complaint ][against]the said [K. ][Sharadha ][Reddy ][and ][the ][signatures on ][the ][documents]Iiled on [behalf ][of ][the ][respondents ][were ][not ][executed ][by ][them' ][The]respondents [have ][also ][not ][hled any documents ][to ][prove ][that ][they]served [notice ][on the ][petitioners ][while ][entering ][into ][the ][contract]with said [K. ][Sharadha ][Reddy, ][although they ][mentioned ][that ][they]sent notice [to ][the ][petitioners ][in ][the year ][20O4 ][itself and ][the ][same]was received [by ][the ][petitioners' ][If ][any ][agent ][is ][acting on behalf ][of]the petitioners, [it ][is ][for them ][to ][take action ][against ][the ][said ][agent]for proceeding [against ][the ][interest ][of the ][petitioners' ][The]petitioners [carne ][to know about ][the ][pendency ][of ][the ][suit in ][the year]2OlTbuthledthepetitionsbelatedlyintheyear2018'whichweredismissed [by ][the ][trial ][court ][by ][the ][. ][impugned ][order' ][The]petitioners [also ][prayed ][the ][Court ][to ][cancel ][the ][vakalat ][of ][their]counsel [and permit them ][to ][appoint ][advocates ][of ][their ][choice and]also to [permit them to file ][written ][statement afresh']

15. karned [counsel ][for the ][petitioners ][relied ][on ][the ][judgment of]the Hon'ble [Supreme' ][Court ][in ][the ][case between ][Deb ][Ratan]

s.I(s,J

CRP.Abs.5O6 & 517 of 2O23

Biswas and others as. Most. Anand Mogi Deui q.nd. otherst, para 12 of the judgment held as follows:

"12. The High Court has also held that if Dr. SanjeevKumar Mishra was not willing to sign the compromisepetition his unwillingness should have been mentioned inthe comprornise petition. This also is a strange reasoning.It is well-settled that even after execution of a power ofattorney the principal can act independently and does nothave to take the consent of the attorney. The attorney isafter all only al agent of the principal. Even afterexecuting a power of attorney the principal can act on hisown."

16. In the present case, the facts are different. Here, the petitioner denied execution of GPA itself, whereas, no evidence is there toprove that he had taken action against said agent. Further,principal can act independently. Therefore, the petitioners canengage counsels of their choice.

17. As regards striking off written statement and affidavits, whichare filed by the GPA holder, the same cannot be permitted at thisstage. If at all the petitioners want to file any new information,they can file additional written statement by engaging the counselof their choice.

18. With these observations, the Civil Revision Petitions aredismissed by confirming the orders dated 15. 12.2022 passed inI.A.No.72 of 2O2O and I.A.No.73 of 2O2O in O.S.No.1274 of 2Ol4 by t I

i

\

sl(s,J

CRP.IVos.5O6 & 577 oJ 2023

the learned Additional Senior Civil Judge, Ranga Reddy District atIbrahimpatnam. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shallstand closed.

Sd/. C. PRAVEEN KUMARASSISTANT REGISTiARt/t/SECTION OFFICER

[-//TRUE COPY////TRUE COPY// $To,To,

1. The Additional [Senior ][Civil ][Judge, Ranga Reddy District ][at ][lbrahimpatnam']

2. One CC to Sri [K.V.RUSHEEK REDDY' Advocate ][[OPUCI]

3. One CC to Sri M.A.BASITH, [Advocate ][OPUC]

4. Two CD CoPies

NJB

'IiJtiIL

HIGH COURT

DATED:2911212023

COMMON ORDER

CRP.Nos.506 & 517 ot 2023

AfE [oF]o(tsL\,.LN\E+)\1t),)PIOES

l.i.IIIi!i$+t, IIIIiii,fi. ;i.,-l.L.i! :4,:'Ir.it [4t :;'DISMISSING BOTH THE CTVIL REVISIOIT PETITIONS

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