MOHAMMED DASHTI Vs. ANJUMAN-E-ITTEHADE IRANIANE DECCAN

JUDGEMENT

(1.) Civil Revision Petition No.237 of 2017, under Article 227 of the Constitution of India, is filed challenging the order dated 09.12.2016 passed in I.A.No.527 of 2016 in O.S.No.2252 of 2013 on the file of the XX Junior Civil Judge, City Civil Court, Hyderabad, seeking to reopen the matter.

(2.) The facts leading to filing of the present petition are, briefly, as follows:

(3.) The respondent filed O.S.No.2252 of 2013 on the file of the Court of the XX Junior Civil Judge, City Civil Court, Hyderabad against the petitioner for recovery of suit schedule property and also for mesne profits. The petitioner filed written statement taking a specific plea that the civil Court has no jurisdiction to entertain the suit and the same is liable to be dismissed. The trial Court returned the plaint to present the same before the proper Court basing on the oral testimony of P.W.1 and Exs.A.1 to A.16. Feeling aggrieved by the judgment and decree dated 23.02.2015 passed in O.S.No.2252 of 2013, the respondent preferred A.S.No.61 of 2015 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad. The appellate Court, after hearing both sides, allowed the appeal with the following observation: