1 I Addl.Sr.Civil Judge, L.B.Nagar, R.R.District.
IN THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE,
RANGA REDDY DISTRICT AT L.B.NAGAR
Present: Sri.J.Hanumantha Rao I Additional Senior Civil Judge, Ranga Reddy District, at L.B.Nagar
Thursday on this the 12th Day of June, 2025
I.A No.118 of 2025
In
O.S No.523 of 2007
BETWEEN:
1.P.Kanaka Latha, W/o.Late P.Koushal Kumar, Age : 57 years, Occ : Housewife
2. Ponneri Vivekanand, S/o.Late Koushal Kumar, Age : 35 years, Occ : Business, 1 & 2 are R/o.H.No.4-4-817, Raja Kandaswamy Bagh, Sultan Bazar, Hyderabad
3.P.Susheela, W/o.Late P.Pavan Kumar, Age : 54 years, Occ : Housewife
4.Poneeri Vishal, S/o.Late P.Pavan Kumar, Age : 28 years, Occ : Private Service
5.P.Sushmita Karthik, D/o.Late P.Pavan Kumar, W/o.Mr.Karthik, Age : 26 years, Occ : Business 3 to 5 are R/o.H.No.8-43/23, Behind Ayyapa Temple, near Pudami School, Boduppal, Hyderabad
6.Sandhya Rani, W/o.Late P.Hemanth Kumar, Age : 52 years, Occ : Housewife
7.Vineeth Kumar, S/o.Late P.Hemanth Kumar, Age : 26 years, Occ : Student 2 I Addl.Sr.Civil Judge, L.B.Nagar, R.R.District.
6 & 7 are R/o.H.No.4-4-817, Raja Kandaswamy Bagh, Sultan Bazar, Hyderabad
8.Mayuri, W/o.Balachandran, Age : 28 years, Occ : Housewife, R/o.Flat No.401, Kalayan Kuteer, C Block, Bhavani Nagar, Street No.1, Nacharam, Behind Nacharam Police station, Medchal Malkajgiri District … Petitioners/Defendant Nos.6 to 13
Vs.
1.P.Suresh Kumar, S/o.P.Eshwar Rao, Age : 60 years, Occ : Advocate, R/o.H.No.4-3-176/1, Raja Kandaswamy Bagh, Sultan Bazar, Hyderabad.
...Respondent No.1/plaintiff
AND
2.P.Koushal Kumar (died per LRs)
3.P.Pavan Kumar (died per LRs)
4.P.Hemanth Kumar (died per LRs)
5.Sushma Rani, W/o.Srinivas, Age : 48 years, Occ : Household, R/o.H.No.5-11-34, Nayeem Nagar, Vidyaranyapuri Post, Warangal
6.T.Dhananjaya Goud, S/o.Mallaiah, Age : 57 years, Occ : Business, R/o.Abdullapurmet, Hayathnagar, Ranga Reddy District
...Respondent Nos.2 to 6/Defendant Nos.1 to 5
3 I Addl.Sr.Civil Judge, L.B.Nagar, R.R.District.
This petition is coming before me on 28.04.2025 for final hearing in the presence of Sri.P.Venkatesh, learned counsel for petitioners/defendant Nos.6 to 13 and Sri.T.Radhakrishna Rao, Learned Counsel for the respondent/plaintiff No.1 and respondent Nos.2 to 6/defendant Nos.1 to 5 are necessary parties and having stood over for consideration till this day, this court delivered the following:
: O R D E R :
This petition is filed by the petitioners/defendant Nos.6 to 13 under Order IX Rule 7 r/w.151 of the Code of Civil Procedure to set aside the exparte order, dated: 08.04.2024 and 03.05.2024 to enable the petitioners to file detailed written statement and contest the above suit on merits.
2.The brief averments of the petition affidavit are that :
The petitioners have filed the suit for specific performance of contract against defendant Nos.1 to 5. Following the demise of defendant Nos.1 to 3 on August 3, 2021, June 13, 2021, and
November 19, 2020, respectively, the plaintiff filed applications to bring their legal heirs (defendant Nos.6 to 13) on record, which was allowed. After receiving notices due to communication gap and on impression that another petitioner 4 I Addl.Sr.Civil Judge, L.B.Nagar, R.R.District.
would peruse the matter, none of the petitioners engaged the counsel, upon learning that they were set exparte, petitioners immediately filed this petition by engaging counsel without delay. The petitioners have substational right over the suit schedule property. Unless the exparte order is set aside, allowing petitioners to contest the suit, petitioners would suffer great and irrepealable loss. Hence, the petition.
3. On the other hand, after receipt of notice, no objection was endorsed by the counsel for plaintiff.
4.Heard both sides. Perused the material available on record.
5.Now the point for consideration is:
Whether the petitioners/defendants are entitled for the relief, as prayed for?
POINT:
6.Perused the averments of the petition affidavit contents.
This court being trial court wants to dispose of this suit on merits. Satisfied with the reasons mentioned by the petitioners/defendant Nos.6 to 13 in this petition, having 5 I Addl.Sr.Civil Judge, L.B.Nagar, R.R.District.
considered the submission made by the learned counsel for petitioners/defendants, in furtherance of interest of justice and that holding the view that an opportunity can be given to the petitioners/defendant Nos.6 to 13 to prove their case and that no prejudice would be caused to the respondent/plaintiff in allowing this petition. Accordingly, this petition is allowed.
7.In the result, the petition is allowed and the exparte order,
dated: 08.04.2024 passed against defendant Nos.6, 7, 11, 12 and
13, dated:03.05.2024 passed against defendant Nos.8 to 10 is hereby set aside.
Typed to my dictation, corrected and pronounced by me, in the open court, on this the 12 th day of June, 2025.
I ADDITIONAL SENIOR CIVIL JUDGE,
RANGA REDDY DISTRICT.
APPENDIX OF EVIDENCE
- Nil -
I ADDITIONAL SENIOR CIVIL JUDGE,
RANGA REDDY DISTRICT.