SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Tel) 12403

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



Advocates:
For the Appellants/Petitioners: Sri C.Raghu, Sri Lingampally Ravinder, Sri D.Jaipal Reddy
For the Respondents: Sri M.Bharath Chandra

In land acquisition cases, a claims restoration petition cannot be granted without proper compliance with procedural rules, particularly regarding limitation and the indivisibility of claims among co-claimants.

Headnote:(A) Land Acquisition Act, 1894 - Sections 18 and 30 - Civil Procedure Code, 1908 - Order IX Rule 9, Order XXII Rule 1-3 and Section 151 - Revision petitions regarding restoration of land acquisition claim - The trial court’s orders restoring the claim petitions were challenged on grounds of inordinate delay and non-compliance with procedural requirements - The court held that delay cannot be condoned without sufficient justification and emphasized the indivisibility of claims between co-claimants. (Paras 20, 21, 26, 28)

(B) Limitation - It was observed that limitation statutes serve public policy, necessitating finality in litigation and that substantial justice should not undermine clear statutory provisions. (Paras 16, 26)

Facts of the case:
Multiple civil revision petitions filed against the restoration of a dismissed land acquisition claim, dismissed for default due to the failure of claimants to pursue the matter. Key reasons for the inaction included illness and lack of knowledge about procedural requirements. (Paras 9, 10)

Findings of Court:
The lower court erred in restoring the claim without rectifying the procedural flaws and not addressing the claims' indivisible nature, leading to abatement. (Paras 28, 29)

Issues: The legitimacy of the trial court's restoration orders post-dismissal for default and the necessary conditions for legal representation following the abatement. (Para 19)

Ratio Decidendi: The court ruled that the claims were indivisible and emphasized strict adherence to statutory limitations, declaring reliance on inherent powers without requisite grounds improper. (Paras 21, 28)

Result: All revision petitions allowed, setting aside the trial court’s orders without costs.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top