CRP/4433/2025 of DugyalaJanakamma Vs Koilakonda Rajeshwari on 19 December 2025

132571

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY,THE NINETEENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

CIVIL REVISION PETITION NO:21433 OF 2025

Petition under Article 227 of Constitution of lndia against the order passed in l.A.No. 330 of 2025 in OS.No. 577 ot 2025 of dated 14.11.2025 on the file of the Court of the Addl. Senior Civil Judge, Nalgonda. Nalgonda District Between:

Dugyalalanakamma, Wo.Late D. Venkataiah, (Aged 65 years, Occ. Housewife, R/o H.No.6-3-1127, Gandhi Nagar, Ramagiri, Nalgonda District-508001.

Presently residing at H.No.8-1-1-72111 A, Plot No.24, Laxminagar Colony, Near Blind School, Peddabanda, Nalgonda District.

...PETITIONER/PLAINTIFF

AND

Koilakonda Rajeshwari, Wo. K. Eshwaraiah, Aged 44 yearc, Occ. Business, R/o H.No.6-3-1 125, Gandhi Nagar, Ramagiri, Nalgonda District.

...RESPONDENT/DEFENDANT

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 14-1 1-2025 passed in 1.A.No.330 of 2025 in O.S.No.577

oI 2025 on the file of Additional Senior Civil Judge at Nalgonda and to order attach the respondent/ defendant suit schedule property before judgement, pending disposal of the main civil revision petition Counsel for the Petitioner : SRI PRAKASH YARRA

Counsel for the Respondents:

The Court made the following: ORDER

IN TFIE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

TFIE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

CIVIL REVISION PETIT ION No.4433 0F 202s DATED: lgth DECEMBER 2025

Betweren:

Dugyala Janakamma

Petitioner

AND

Kolilakonda Rajeshwari

... Respondent

ORD ER

l'his Civil Revision petition is filed by the petitioner, being aggrieved by the impugned order dated 1411.2025 passed in lANo.330 of 2O2S in O.S.No.57l of 2O2S on the file of the learnec Additional Senior Civil Judge, Nalgonda (for short, ,,the learned trial Court',), whereby the lnterlocutory Application filed by the petitioner under Order XXXVIll Rule 5 read with Section 151 of the Code of Civil procedure was dismissed.

02'.. Heard Sri yarra prakash, learned counsel for the petitionelr and perused the record.

--

03. Learned counsel for the petitioner submitted that the learned trial Court dismissed the petitioner's application seeking attachment before judgment without duly considering the documents placed on record. lt was further contended that the ownership of the respondent is clearly reflected in the certified copies of the encumbrance certificate, which constitute the mother documents of the attached property. The learned counsel submitted that the dismissal of the application would enable the respondent to alienate the property and, if such alienation is permitted, the petitioner would suffer irreparable loss. Hence, he orally prayed to allow this Civil Revision Petition.

04. lt is evident from the record that the main suit in O.S.No.577 of 2025 was instituted seeking recovery of money, and thereafter the present lnterlocutory Application was filed seeking attachment before judgment. A perusal of the impugned order dated 14.11.2025 discloses that neither notice was issued to, nor any opportunity of hearing was afforded to, the other side, namely the respondent herein, which amounts to a clear violation of the principles of natural justice.

05. ln view of the said procedural infirmity, this Court is of the ccnsidered opinion that this is a fit case for remanding the matter to the learned trial Court for fresh consideration and adjudication after affording ample opportunity to both sides.

Consequently, the impugned order dated 14.1 1.2025 is hereby set asidel, and the matter is remanded to the learned trial court for fresh consideration. The rearned triar court is directed to dispose of l.A.No 330 of 2025 in O.S.No.5t7 of 2025 as expeditiously as possible, in accordance with law, after affording ample opportunity to both sides and by passing a reasonecl order, preferably within a period of two (2) weeks from the date rtf receipt of a copy of this order.

06. With the above directions, this Civil Revision Petition is disposed of As a sequel, pending miscellaneous applications, if any, shall stand closed SD/. U. SUDHA

ASSISTANT REGISTRAR

//TRUE COPY//

'1. The Additi,rnal Senior Civil Judge at Nalgonda

2. One CC tc Sri Prakash Yarra, Advocate [OpUC]

3. Two CD Copies

To,

ks/sn

SECTION OFFICER

HIGH COURT

DATED:19112,t2025