Telangana High Court
CRP/3126/2016 of V UPPALAIAH, WARANGAL DIST AND 11 OTHERS Vs POLUSANI NARMADA, WARANGAL DIST on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY CIVIL REVISION PETITION NO: 3126 OF 2016 Petition under Adicle 227 of Constitution of lndia aggrieved by the order dated 2110912015
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY
CIVIL REVISION PETITION NO: 3126 OF 2016
Petition under Adicle 227 of Constitution of lndia aggrieved by the order dated2110912015 in l.A. No. 15512015 in O.S. No. 516 of 2014 on the file of the Court ofthe Principal Junior Civil Judge, Warangal.Between:'1 . V. Uppalaiah S/o. Lakshminarasaiah2. Vodapally Ramanaiah, S/o. Lakshminarasaiah3. Vodapally Lakshminarayana, S/o. Lakshminarasaiah4. Vodapally Suraiah, S/o Lakshminarasaiah5. Vodapally Sagar, S/o. Sambaiah (Late)6. Vodapally Raju, S/o. Sambaiah (Late)7. Vodapally Shyamasunder, S/o. Sambaiah(Late)B. Vodapally Radhamma, Wo. Sambaiah (Late)9. Thonapuri Rajeswara Rao, S/o. Viswanatham10. MaZa-rapiieswaraao,o.sv,/anatham11. Emmadi Raji Reddy S/o. Venkata Reddy1 2. Sriram Venkateswarulu, S/o.Kiishnamurthy...PETITIONERSANDPolusani Narmada, S/o. MetrmReddy,Aged about51 Years, Occ:Housewife, Fl/o. H.No.5-8-73,ReddyComplex,Lashkar Bazar,Hanmakonda,Warangal District....RESPONDENTS
CRPMP. NO: 3996 OF 2016
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed therewith, the High Court may be [pleased ]to stay of all furtherproceedings in OS No.S1612014 on the file of Principal Junior Civil Judge,Warangal pending disposal of the case.
Counsel for the Petitioners: SRI G. MADHUKAR SARMA, ADVOCATE rep.for SRl. NOOKA JAGANNADHAM
Counsel for the Respondent: S A V RATNAM
The Court made the following: ORDER
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THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDYC.R.P.No. 3126 OF 2016
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ORDER:
This civil revision petition, under Article 227 of Constitution ofIndia, is directed against the order dated2l-09-2015 in I.A.No. 155 of2015 in O.S.No.S16 of 2014, on the file of the leamed Principal JuniorCivil Judge, Warangal, wherein the said application filed by thepetitioners herein under Order VII Rule 11 of the Code of CivilProcedure, 1908 (for short 'CPC') for rejection of the plaint, wasdismissed.
2. Heard learned counsel for the petitioners and leamed counsel forrespondent. Perused the material on record.
3. The counsel for both the parties have agreed that the trial Courtmay be directed to consider the plea of res [judicara ]raised by therevision petitioners as a preliminary issue under Order XIV CPC anddecide the same as expeditiously as possible, based on the Judgment of /
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Hon'ble Supreme Court of India in SRIHARI HANTIMAN'DASTOTALA [y. ]HEMANT VITHAL KAMAT AND OTIIERS'.
4. Considering the said submissions, the trial Court is directed toframe a preliminary issue on the plea of res [judicata ]and adjudicate thesame within three months fron.r the date of receipt of a copy of thisorder
5. Accordingly, the civil revision petition is disposed of. Thereshall be no order as to costs.
6. As a sequel, miscellaneous petitions, pending if any, shall standclosed.
Sd/. T, SRINIVASDEPUW REGISTRARr l'.l/ //TRUE [COPY//]SECTION [OFFICER]To,1. The Principal [Junior ][Civil ][Judge' Warangal' Warangal District']2. Two CD Copies3. One CC [to ][SRl. NOOKA JAGANNADHAM' Advocate ][[OPUC]]4. One CC [to SMT. ][S A ][V RATNAM' Advocate IOPUCI]VH\ Y
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HIGH COURTASRJDATED: 3011212022
HE SI{}cjORDER:)i--l02CRP.No.3126 of 2016IDIt --,-- ; -IIDisposing of the Clivil Revision Petitionwithout costs.l 50