Mr. Md. Khalid v. Mr. Mohammed Khaja Aijaz Ali

[ 3378 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD .

FRIDAY ,THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENry THREE PRESENT ,THE HONOURABLE SRI JUSTICE P.SAM KOSHY SION PE :3783 0F 2 Petition filed under Article 227 of the Constitution of lndia, aggrieved by the docket order dated 06.10.2023 passed in O.S.No- 260 of 2017 dismissing the l.A.No. 761 of 2023 on the file of the XVlll Additional senior civil Judge, city civil court at Hyderabad. Between:

Mr. Md- Khalid, S/o. Md. Zakir, aged about 33 years, Fl/o 418tN254, H.B. Nagar, Chandrayangutta, Hyderabad, T.S. H.No. 18-12- ...PETITIONER AND Mr. Mohammed Khaja Aijaz Ali, S/o. Mohammed Yousuf Ali, age 59 yea19' O9c Retd., Ryo. H. No. 26-4-50111131C, Anand Mahal, Himmatpura, Qilwath' Charminar, Hyderabad, T.S.

...RESPONDENT l.A NO: 1 OF 2023 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in o.S.No. 260 of 2017 , on the file of the Hon'ble xvlll Additional Senior Civil Judge, City Civil Court at Hyderabad. Counsel for the Petitioner : M/S. ALI FARAZ FAROOQUI Counsel forthe Respondent : None appeared The Court made the following: ORDER

a:

THE HONOURABLE SRI JUSTTCE P.SAM KOSHY CIVIL REVISION PETITION No.3783 OF 2o23 ORDER:

The present Civil Revision Petition is frled challenging the docket order dated 06.10.2023 in I.A.No.76 I of 2023 in O.S.No.26O of 2Ol7 passed by the Court of the XVIII Additional Senior Civil Judge, City Civil Court at Hyderabad (for short, Court below).

2.

The petitioner herein is the defendant and the respondent herein is the plaintiff before the Court below. For the sake of convenience, the parties hereinafter shali be referred to as they are arrayed before the Court below.

3.

The plaintiff hled the said suit for recovery of money. In the said suit, the evidence of the plaintiff was closed on 15.09.2023. However, due to the absence of the defendant on 15.09.2023, the defence of the defendant was closed. Subsequently, the defendant moved I.A.No.761 of 2023 to reopen his evidence and the same was allowed by the Court below on 27.09.2023 imposing costs of Rs. 1,OOO/- on the defendant payable to the District Legal Services Authority. The Court below has also put a further condition that the defendant

I shall file examination-in-chief of D.W. 1 by next date of hearing. It is the latter part of the order which has not been complied with by the defendant which resulted in forfeiting the right of the defendant to lead his evidence. It is for this reason, the instart petition has been hled.

4.

Learned counsel appearing for the petitioner begs to submit that in the larger interest of justice, the present Civil Revision Petition may be allowed and an opportunity may be afforded to the petitioner/defendant to 1eacl his evidence, else he would be rendered remedyless. Learned counsel for the petitioner submit that next date of hearing before the Court below is on 05.01.2024 and he undertakes that under ary circumstances, there shall be no further default on the part of the petitioner/defendant before the Court below. He has also stated that in between, there has not been any substantial progress in the suit.

5.

Considering the entireer of the facts ald circumstances of the case and also taking note of the submissions made by the learned counsel for the petitioner, this Court is inclined to allow the Civil Revision Petition, setting aside the order dated 06.1O.2023 in I.A.No.761 of 2023 in O.S.No.26O of 2OIZ passed by the Court of the XVIII Additionai Senior Civil Judge, City Civil

n---- 7 Court at Hyderabad, subject to the petitioner paying costs of Rs.5,O00/ - to the District Legal Services Authority, Ciry Civil Court at Hyderabad, positively by the next date of hearing i.e., on 05.01 .2024. The petitioner/defcndant shall remain present before the Court below on O5.01.2O24, and in no circumstances, shall he seek adjournment on the said date. He shall in addition be frling examination-in-chief of D.w. I and offer himself by remaining present for cross-examination to be done by the respondent/ plaintiff. It is made clear that in the event if the petitioner/ defendant fails to comply with the any of the conditions mentioned above, the present order u,ould automatically loose its efl-rcacy, and in such circumstances, the Court below would be free to proceed further and ensure that the suit is concluded in accordance with law at the earliest. 6.

With the above directions, the Civil Revision petition is allowed. There shall be no order as to costs. Consequently, miscellaneous applications, if any pending, shall stand closed.

I SD'. MOHD. ISMAIL ASSlsrANr REGIZRAR I 'ITRUE coPY"

sectot(oracea To, ThexvlllAdditionalseniorCivilJudge,cityCivilCourtatHyderabad.(with l",,T3.lllHl,^,f trr:"g.Til;Eeti:H1*Ili3i'..l3iurt'atHvderabad One CC to M/S. ALI FARAZ F J b $''rr( Two CD CoPies Nj NS

HIGH COURT { DATED:2911212023 HE S]Ar ( 0 2 jAit o o

ORDER

* t OESP,rrTC CRP.No.3783 of 2023 ALLOWING THE CTVIL REVISION PETITION 2\ il Rir