IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RAN, J
Y. Anthi Reddy – Appellant
Versus
Shaik Gulam Hussain and 14 others – Respondent
CIVIL REVISION PETITION Nos.450, 451, 452, 455, 458, 463, 465 & 470 of 2021
| Table of Content |
|---|
| 1. multiple civil revision petitions concerning land acquisition. (Para 1 , 2 , 3 , 4 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding the maintainability and restoration of petitions. (Para 11 , 12 , 14 , 15 , 16 , 18) |
| 3. court's observations on procedural errors and legal standards. (Para 13 , 17 , 19 , 20 , 21 , 22) |
| 4. standards for condonation of delay and relevant case law. (Para 23 , 24 , 25) |
| 5. comprehensive analysis leading to the final judgment. (Para 26 , 27 , 28) |
| 6. conclusion to set aside prior orders. (Para 29) |
COMMON ORDER:
C.R.P.No.450 of 2021 is filed by the petitioner – respondent No.6 aggrieved by the order dated 02.02.2021 passed in I.A.No.569 of 2014 under Order IX Rule 9 read with Section 151 of CPC by the learned Principal Senior Civil Judge, Rangareddy District at L.B.Nagar, setting aside the dismissal order dated 26.09.2008 and restoring L.A.O.P.No.143 of 2004.
2. C.R.P.No.451 of 2021 is filed by the petitioner – respondent No.4 aggrieved by the order dated 02.02.2021 passed in I.A.No.569 of 2014 in O.P.No.143 of 2004 by the learned Principal Junior Civil Judge, Rangareddy District at L.B.Nagar.
3. C.R.P.No.452 of 2021 is filed by the petitioner – respondent No.6 aggrieved by the common order dated 02.02.2021 passed in I.A.No.448 of 2015 by the learned Principal Senior Civil Judge, Rangareddy District at L.B.Nagar, in allowing the petition filed under Section 5 of Limitation Act , 1963, condoning the delay in filing an application under Order XXII Rule 3 of CPC for setting aside the abatement order.
4. C.R.P.No.455 of 2021 is filed by the petitioner – respondent No.6 aggrieved by the common order dated 02.02.2021 passed by the learned Principal Senior Civil Judge, Rangareddy District at L.B.Nagar in I.A.No.151 of 2015 under Order XXII Rule 3 for allowing the petition in bringing the legal representatives of claimant No.1. 5. C.R.P.No.458 of 2021 is filed by the petitioner – respondent No.4 aggrieved by the order dated 02.02.2021 passed in I.A.No.151 of 2015 in I.A.No.569 of 2014 in O.P.No.143 of 2004 by the learned Principal Junior Civil Judge, Rangareddy District at L.B.Nagar.
6. C.R.P.No.463 of 2021 is filed by the petitioner – respondent No.6 aggrieved by the common order dated 02.02.2021 passed by the learned Principal Senior Civil Judge, Rangareddy District at L.B.Nagar in I.A.No.447 of 2015 under Order XXII Rule 1 to 3 read with Section 151 of CPC for setting aside the abatement order against claimant No.1.
7. C.R.P.No.465 of 2021 is filed by the petitioner – respondent No.4 aggrieved by the order dated 02.02.2021 passed in I.A.No.448 of 2015 in I.A.No.569 of 2014 in O.P.No.143 of 2004 by the learned Principal Junior Civil Judge, Rangareddy District at L.B.Nagar.
8. C.R.P.No.470 of 2021 is filed by the petitioner – respondent No.4 aggrieved by the order dated 02.02.2021 passed in I.A.No.447 of 2015 in I.A.No.569 of 2014 in O.P.No.143 of 2004 by the learned Principal Junior Civil Judge, Rangareddy District at L.B.Nagar.
9. The facts of C.R.P.No.450 of 2021 are taken as reference to all the above Civil Revision Petitions.
10. The respondents 1 to 5 - claimants filed I.A.No.569 of 2014 to restore L.A.O.P.No.143 of 2004. The respondent No.2 filed an affidavit in support of the said petition submitting that his father late Gulam Hussain and his uncle late Shaik Jahangir were claimants 1 and 2 along with others in L.A.O.P.No.143 of 2004. His father passed away after a prolonged battle with cancer on 29.09.2013. His late uncle Shaik Jahangir predeceased his late father with multiple ailments. Neither his late uncle nor they had any knowledge about the subject case. His late father could not properly take care of the litigation due to his ill-health. All the other legal heirs of his late father also had no knowledge of the existence of the above case and other litigations until their father's death. Few days before the death, his late father told about the subject litigation. However, he could not communic
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