THE HONOURABLE SRI JUSTICE P. SAM KOSHY Civil Revision Petition No.3367 of 2025

ORDER :

Heard Mr.Subramanyam Daraboina, learned counsel for the petitioners and Mr.Talat Sajjad, learned counsel for the respondent.

Perused the material available on record

2. The present is a repeat Civil Revision Petition for almost with the same relief. The earlier civil revision petition which was filed vide C.R.P.No.3618 of 2024 by the same petitioner which stood allowed on 13.08.2024.

3. This Court while allowing the earlier revision petition passed the following order:

In the result, this Revision is allowed and the order, dated 12.11.2024, passed by the VII Junior Civil Judge, City Civil Court, Hyderabad in EP.No.982 of 2024 in O.S.No.2696 of 1997 is hereby set aside and the petitioners are granted three weeks’ time form today for filing counter in the EP, failing which, their right to file coutner in EP automatically stands forfeited and the Executing Court shall proceed further with the E.P.

4. Subsequent to that, the petitioners were supposed to file their

counter in the E.P. within a period of three (03) weeks.

5. The contention of the petitioner is that after allowing of the revision petition earlier, when the petitioners approached the concerned trial court, it was learnt that the concerned trial court was lying vacant and the cases were taken up by the in-charge court.

6. Secondly it was contended that the petitioners tried to give the copy of the counter to the other side which they refused. Finally when the matter was taken up by the in-charge court on 08.09.2025, the petitioners again tried to give the copy of the counter to the other side in the open court which again was refused by them on the ground that it was not filed within the time prescribed by the High Court in the earlier revision petition i.e., C.R.P.No.3618 of 2024. On this very ground itself the in-charge court also has passed the impugned order on 08.09.2025 forfeiting the right of the petitioners in filing of the counter.

7. Even today, when the matter is taken up, the learned counsel appearing on either side admits the fact that the concerned regular court seized of E.P.No.982 of 2024 is lying vacant and in-charge court heard the matter and now posted the case for orders on 06.10.2025. At this juncture, the learned counsel for the petitioners submits that all that he wants is let at least the counter be taken on record and the concerned trial court my decide the E.P. considering the averments made in the counter to be filed by the petitioners. He further submits that the counter is ready and can be filed any time.

8. Given the fact that the matter was before the court which was lying vacant for a considerable long period of time even after the disposal of the C.R.P.No.3618 of 2024 by the High Court on 13.08.2024, in that view, ends of justice would meet if the petitioners are permitted to file their counter positively on 22.09.2025 and the concerned trial court shall consider the contents of the counter while finally deciding the E.P. which is posted for orders on 06.10.2025. It is made clear that this Court is only permitting the petitioners to bring on record their counter which the concerned trial court may consider, in addition there shall not be any further reopening of the case or permitting the petitioners to argue the case.

9. With the aforesaid direction, this civil revision petition is allowed. No order as to costs.

As a sequel, miscellaneous applications pending if any, shall stand closed.

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P. SAM KOSHY, J Date: 19.09.2025 Note: Issue C.C. today.

B/o AQS