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2012 Supreme(AP) 501

C.V.NAGARJUNA REDDY
Greater Hyderabad Municipal Corporation rep. by its Commissioner – Appellant
Versus
M. Ramakrishna – Respondent


Advocates appeared:
For the Petitioner:C. Damodar Reddy, Advocate.
For the Respondents:Venkata Rangadas Kanuri, Advocate.

ORDER

1. This Civil Revision Petition is filed against order, dated 21.11.2011, in I.A.No.519 of 2011 in O.S.No.655 of 2009 on the file of the learned VI Junior Civil Judge, City Civil Court, Hyderabad.

2. Respondent No.1 is the plaintiff in the aforementioned suit filed against the petitioners and respondent Nos.2 and 3 for declaration that the constructions made by respondent Nos.2 and 3 on the eastern side boundary of Schedule ‘B’ property without leaving proper set backs more particularly the doors, ventilators and windows as illegal and unauthorised. At the stage of trial, respondent No.1 filed the abovementioned I.A. for summoning the Commissioner of petitioner No.1 to appear before the Court as a witness along with the record. A counter affidavit was filed by the 2nd petitioner-Assistant City Planner, wherein it was categorically averred that under Section 674 (g) of the Greater Hyderabad Municipal Corporation Act, the Commissioner has authorized/delegated his powers to the Assistant City Planner, Circle No.9, Greater Hyderabad Municipal Corporation, to defend the cases in the civil court and, therefore, it is not necessary for the Commissioner to personally come and depose.






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