SUBASH GUPTA Vs. V NARASIMHA REDDY

JUDGEMENT

(1.) This C.R.P. is directed against the docket order dated 13-10-2009, passed by the Il Additional District Judge, Ranga Reddy District, in LA. No. 1116 of 2009 in C.M.A. No. 136 of 2008, condoning the delay in receiving the documents and receiving them subject to proof, relevancy and admissibility.

(2.) The petitioners are the plaintiffs while the respondent is the defendant. The petitioners filed suit in O.S. No. 1740 of 2007 against the respondent on the file of II Additional Senior Civil Judge, Ranga Reddy District, for perpetual injunction. Along with the suit, they also filed an application in l.A. No. 1522 of 2007, for injunction. The said application was allowed. Aggrieved by the said order, the respondent filed appeal in C.M.A. No. 136 of 2008, and while the appeal is pending, the respondent filed the present application in I.A. No. 1116 of 2009, praying to condone the delay in receiving the certified copy of the judgment dated 8-5-2009 in O.S. No. 594 of 2001, passed by the Principal Junior Civil Judge, Ranga Reddy District, and receive the same. The petitioners contested the said application by filing counter, inter alia contending that as against the said judgment, a regular appeal has been preferred, and therefore, the same having not attained finality, it cannot be received. However, the Court below, by docket order dated 13-10-2009, allowed the I.A. by condoning the delay in receiving the documents and receiving them subject to proof, relevancy and admissibility. Praying to set aside the said order, the petitioners filed the present C.R.P.

(3.) The learned counsel for the petitioners submitted that resisting the present I.A. filed by the respondent, praying to condone the, delay in receiving the document and to receive the same in evidence, the petitioners filed counter. However, the Court below without hearing the counsel for the petitioners and without adverting to the stand taken by the petitioners in their counter, and without recording any reasons whatsoever, much less its subjective satisfaction, has allowed the present application.