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GUNDU SRINIVAS v. MAVOORI KRISHNA

Supreme Court of India | Diary 10237/2024

Status

ROP - of Main Case

Decided On

18-03-2024

Bench

HON'BLE MRS. JUSTICE B.V. NAGARATHNA and HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

GUNDU SRINIVAS

Respondent

MAVOORI KRISHNA

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Full Judgment Text

ITEM NO.23 COURT NO.12 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10237/2024 (Arising out of impugned final judgment and order dated 11-05-2023 in IA No. 1/2023 passed by the High Court for the State of Telangana at Hyderabad) GUNDU SRINIVAS Petitioner(s) VERSUS MAVOORI KRISHNA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.65750/2024-CONDONATION OF DELAY IN FILING and IA No.65749/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 18-03-2024 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. K. Sai Teja, Adv. Ms. Aruna Gupta, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R We have heard learned counsel for the petitioner. He submitted that since the issue of maintainability of CRP No.1520/2023 is to be considered by the High Court, liberty may be reserved to the petitioner herein to pursue the said issue regarding the maintainability of the aforesaid revision petition, in the first instance, before the High Court. Therefore, the petitioner may not press this special leave petition if the aforesaid liberty is given to the petitioner herein. 1

In the circumstances, we dispose of this special leave petition by not entering into the merits of this case, reserving liberty to the petitioner herein to make his submissions on the maintainability of CRP No.1520/2023 in the first instance, and seek modification of the ad-interim order passed by the High Court, if so advised. It is needless to observe that the petitioner is at liberty to seek early listing of the matter before the High Court for the purpose of making submissions on the aforesaid aspects. In view of the aforesaid order, delay of 209 days in filing this special leave petition is condoned. Pending application(s), if any, shall stand disposed of. (RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH) 2

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