High Court for State of TelanganaCRP/2083/2015dismissed

Syed Zakiuddin Ahmed v. P.Saveena

2015-07-17R.Subhash Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * C.R.P.No.2083 of 2015 Between:

Syed Zakiruddin Ahmed .. Petitioner and P. Saveena .. Respondent DATE OF JUDGMENT PRONOUNCED: July 17, 2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.2083 OF 2015

ORDER:

Heard both sides.

This revision petition, under Article 227 of the Constitution of India, is filed by the defendant in O.S.No.1279 of 2012 on the file of XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, aggrieved by the order, dated 29.04.2015, passed in the said Suit. The impugned order reads as under:

"DW-1 is called absent.

No representation. DW-1 is directed to appear before the court on next date, and directed to get the document impounded as per the notice issued by District Registrar dated 23-03-2015, failing which the matter will be proceeded with in accordance with law.

Call on 01.06.2015."

Learned counsel for the respondent - plaintiff has produced a copy of the final notice, dated 18.05.2015, issued in Memo No.8281/E-Val/2014, wherein the petitioner is requested to pay the compounding fee along with penalty, which comes to Rs.3,19,200/-. If the petitioner has applied for impounding, it is for the petitioner to pay stamp duty and penalty, and proceed with the trial. In that view of the matter, having not responded to the notice issued by the District Registrar, it is not open to the petitioner to challenge the same. Hence, this Court does not find any ground in this revision petition, so as to interfere with the impugned order.

Accordingly, the revision petition is dismissed. Miscellaneous Petitions, if any, pending in this revision petition shall stand closed. No costs.

______________________ R. SUBHASH REDDY, J July 17, 2015 MD