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THUMU VENKATA NARAYANA v. KURUMOJU NARASIMHA CHARY

Supreme Court of India | Diary 10284/2014

Status

ROP - of Main Case

Decided On

11-08-2021

Bench

HON'BLE MR. JUSTICE HEMANT GUPTA and HON'BLE MR. JUSTICE A.S. BOPANNA

Petitioner

THUMU VENKATA NARAYANA

Respondent

KURUMOJU NARASIMHA CHARY

Primary Holding

A High Court exercising second appellate jurisdiction under Section 100 CPC must frame substantial questions of law before interfering with findings of fact recorded by the First Appellate Court, and cannot reappreciate evidence as a court of first appeal.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4740 OF 2021 (Arising out of Special Leave Petition (C) No(s). 9008/2014) THUMU VENKATA NARAYANA & ORS. APPELLANT(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR. RESPONDENT(s) O R D E R Leave granted. The present appeal has been filed against an order passed by the High Court of Judicature of Andhra Pradesh on 20.01.2014 in SA No. 26 of 2006, whereby the second appeal was allowed inter alia on the ground that the First Appellate Court has failed to properly appreciate the oral and documentary evidence on record and accepted the circumstances urged by the defendant Nos. 2 to 5 as suspicious circumstances. A perusal of the order of the High Court shows that the High Court has examined the evidence as a court of first appeal, though at certain places, it has recorded that the findings of the First Appellate Court are perverse. No substantial questions of law were framed. The High Court relied upon the substantial questions of law in the memo of appeal filed by the appellant. A reading of such substantial questions of law shows that they are more on facts rather than on law.

2 In view of the said fact, we find that the order of the High Court interfering in the finding of fact recorded by the First Appellate Court without framing substantial questions of law cannot be sustained. Consequently, we set aside the order of the High Court and restore the second appeal on the file of the High Court. It shall be open to the plaintiffs to reformulate the questions of law for the consideration of the High Court. Since the appeal is of 2006, we hope that the matter will receive due attention of the High Court to decide the appeal at an early stage. The Civil Appeal is disposed of accordingly. ……………………………………………………….J. (HEMANT GUPTA) ……………………………………………………….J. (A.S. BOPANNA) NEW DELHI; AUGUST 11,2021.

3 ITEM NO.9 Court 13 (Video Conferencing) 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 Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 (Arising out of impugned final judgment and order dated 20-01-2014 in SA No. 26/2006 passed by the High Court Of A.P. At Hyderabad) THUMU VENKATA NARAYANA & ORS. Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR. Respondent(s) Date : 11-08-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. M.N. Rao, Sr. Adv. Mr. Ramesh Allanki, Adv. Ms. Aruna Gupta, Adv. Ms. Aaina Verma, Adv. Mr. Syed Ahmed Naqvi, Adv. Mr. A. Venayagam Balan, AOR For Respondent(s) Mr. Y. Raja Gopala Rao, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The Civil Appeal is disposed of in terms of the signed order. Pending application(s), if any, stands disposed of accordingly. (SWETA BALODI) (ANITA RANI AHUJA) COURT MASTER ASSTT. REGISTRAR (Signed order is placed on the file)

ITEM NO.41 COURT NO.12 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 (Arising out of impugned final judgment and order dated 20/01/2014 in SA No. 26/2006 passed by the High Court Of A.P. At Hyderabad) THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 28/10/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. M.N. Rao, Sr. Adv. Mr. A. Ramesh, Adv. Mr. Syed Ahmad Naqvi, Adv. Ms. Shilji Gupta, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. Mr. K. Sharot Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R We are of the view that the matter may be heard for final disposal on a non-misc. day in the last week of January, 2017. (NEELAM GULATI) COURT MASTER (MADHU NARULA) COURT MASTER

`ITEM NO.41 COURT NO.12 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 9008/2014(Arising out of impugned final judgment and order dated 20/01/2014in SA No. 26/2006 passed by the High Court Of A.P. At Hyderabad)THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUSKURUMOJU NARASIMHA CHARY & ANR Respondent(s)Date : 28/10/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MRS. JUSTICE R. BANUMATHIFor Petitioner(s) Mr. M.N. Rao, Sr. Adv. Mr. A. Ramesh, Adv. Mr. Syed Ahmad Naqvi, Adv. Ms. Shilji Gupta, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. Mr. K. Sharot Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R We are of the view that the matter may be heardfor final disposal on a non-misc. day in the last week ofJanuary, 2017. (NEELAM GULATI) COURT MASTER (MADHU NARULA) COURT MASTER

ITEM NO.34 COURT NO.7 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 (Arising out of impugned final judgment and order dated 20/01/2014 in SA No. 26/2006 passed by the High Court of A.P. at Hyderabad) THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 04/12/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. A. Ramesh, Adv. Mr. Syed Ahmad Naqvi, Adv. Ms. Shilpi Gupta, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. Mr. Hitendra Nath Rath, Adv. Mr. Sandeep Singh, Adv. Mr. Sarat Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R Perused the letter. List the matter after four weeks to enable the learned counsel for the petitioners to file rejoinder affidavit. (Neetu Khajuria) Sr.P.A. (Asha Soni) Court Master

F ITEM NO.34 COURT NO.7 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 (Arising out of impugned final judgment and order dated 20/01/2014 in SA No. 26/2006 passed by the High Court of A.P. at Hyderabad) THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 04/12/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. A. Ramesh, Adv. Mr. Syed Ahmad Naqvi, Adv. Ms. Shilpi Gupta, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. Mr. Hitendra Nath Rath, Adv. Mr. Sandeep Singh, Adv. Mr. Sarat Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R Perused the letter. List the matter after four weeks to enable the learned counsel for the petitioners to file rejoinder affidavit. (Neetu Khajuria) (Asha Soni)Signature Not Verified Sr.P.A. Court MasterDigitally signed bySukhbir Paul KaurDate: 2015.12.0514:15:35 ISTReason:

ITEM NO.25 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 03/11/2015 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R Opportunity for respondent no.1 to file counter affidavit has already been declined. Service upon respondent no.2 is complete but none has entered appearance. Matter stands complete. Registry to process the matter for being listed before the Hon'ble Court as per rules. (RACHNA GUPTA) Registrar

â ITEM NO.25 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 03/11/2015 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R Opportunity for respondent no.1 to file counter affidavit has already been declined. Service upon respondent no.2 is complete but none has entered appearance. Matter stands complete. Registry to process the matter for being listed before the Hon'ble Court as per rules.Signature Not VerifiedDigitally signed byHema JoshiDate: 2015.11.0317:33:26 ISTReason: (RACHNA GUPTA) Registrar

ITEM NO.25 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 24/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr Sandeep Singh, Adv. Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R Opportunity of respondent no.1 to file counter affidavit has already been declined. Service report qua respondent no.2 is still awaited from the concerned Trial Court. Fresh reminder be issued. List again on 3.11.2015. (RACHNA GUPTA) Registrar

ITEM NO.25 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 24/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr Sandeep Singh, Adv. Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R Opportunity of respondent no.1 to file counter affidavit has already been declined. Service report qua respondent no.2 is still awaited from the concerned Trial Court. Fresh reminder be issued. List again on 3.11.2015.Signature Not VerifiedDigitally signed byHema JoshiDate: 2015.08.27 (RACHNA GUPTA)16:28:34 ISTReason: Registrar

ITEM NO.52 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 02/07/2015 This petition was called on for hearing today. For Petitioner(s) Mr. A. Venayagam Balan,Adv. Mr A Ramesh, Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent no.1 has not filed counter affidavit. Since the time stipulated for the purpose stands already expired. Further opportunity is hereby declined. Affidavit of dasti service qua respondent no.2 has not been filed. The ld. Counsel for the petitioner has mentioned that fresh address of respondent no.2 has already been furnished and service upon him is requested through the Trial Court concerned. Registry to issued notice accordingly. List again on 24.8.2015. (RACHNA GUPTA) Registrar

ITEM NO.52 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) Date : 02/07/2015 This petition was called on for hearing today. For Petitioner(s) Mr. A. Venayagam Balan,Adv. Mr A Ramesh, Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent no.1 has not filed counter affidavit. Since the time stipulated for the purpose stands already expired. Further opportunity is hereby declined. Affidavit of dasti service qua respondent no.2 has not been filed. The ld. Counsel for the petitioner has mentioned that fresh address of respondent no.2 has already been furnished and service upon him is requested through the Trial Court concerned. Registry to issued notice accordingly.Signature Not VerifiedDigitally signed byHema JoshiDate: 2015.07.0817:47:13 ISTReason: List again on 24.8.2015. (RACHNA GUPTA) Registrar

ITEM NO.6 COURT NO.4 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 (Arising out of impugned final judgment and order dated 20/01/2014 in SA No. 26/2006 passed by the High Court Of A.P. At Hyderabad) THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (for deletion of the name of petitioner) Date : 01/04/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBER] For Petitioner(s) Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. Mr. Hitendra Nath Rath, Adv. Mr. P. Sudheer Kumar Reddy, Adv. UPON hearing the counsel the Court made the following O R D E R An application has been filed by the petitioner seeking deletion of name of petitoner no. 4 from the array of parties on the ground that petitioner no. 4 died during the pendency of the special leave petition and the legal heirs of the petitioner no. 4 are already parties in the special leave petition as petitioner nos. 1 to 3. There is no opposition. In the circumstances, IA No. 3 of 2015 (Application for deletion of the petitioner no. 4) is allowed. The name of the petitioner no. 4 be deleted from the array of parties. (DEEPAK MANSUKHANI) (RAJINDER KAUR) COURT MASTER COURT MASTER

\216 ITEM NO.6 COURT NO.4 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 (Arising out of impugned final judgment and order dated 20/01/2014 in SA No. 26/2006 passed by the High Court Of A.P. At Hyderabad) THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (for deletion of the name of petitioner) Date : 01/04/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBER] For Petitioner(s) Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. Mr. Hitendra Nath Rath, Adv. Mr. P. Sudheer Kumar Reddy, Adv. UPON hearing the counsel the Court made the following O R D E R An application has been filed by the petitioner seeking deletion of name of petitoner no. 4 from the array of parties on the ground that petitioner no. 4 died during the pendency of the special leave petition and the legal heirs of the petitioner no. 4 are already parties in the special leave petition as petitioner nos. 1 to 3. There is no opposition. In the circumstances, IA No. 3 of 2015 (Application for deletion of the petitioner no. 4) is allowed. The name of the petitioner no. 4 be deleted from the array of parties.Signature Not VerifiedDigitally signed byDeepak MansukhaniDate: 2015.04.0117:59:08 ISTReason: (DEEPAK MANSUKHANI) (RAJINDER KAUR) COURT MASTER COURT MASTER

ITEM NO.72 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (with appln. (s) for deletion of the name of petitioner) Date : 24/03/2015 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr Hitendra Nath Rath, Adv. Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R Counter affidavit of respondent no.1 is awaited. Be filed within four weeks as last opportunity. Service of respondent no.2 is yet to be effected. Petitioner has not yet taken steps for the same. Some time is requested by the ld. Counsel for the petitioner. Be taken within four weeks. Request for dasti service made. Accepted. Notice be handed over and got served and proof thereof be filed within the stipulated time. Application for deletion of the name of petitioner No.4 has also been filed. Be processed to be placed before the Hon'ble Judge in Chambers. List again on 2.7.2015. (RACHNA GUPTA) Registrar

ITEM NO.68 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (with appln. (s) for permission to file additional documents) Date : 03/02/2015 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr Hitendra Nath Rath, Adv. Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for respondent No.1 requests for four weeks time to file counter affidavit. Granted. Complete set of pleadings be provided to the Ld. Counsel for respondent No.1 at the earliest. So far as respondent No.2 is concerned, the Ld. Counsel for the petitioner is required to take fresh steps for effecting service. The ld. Counsel for the petitioner has mentioned that petitioner No.4 has expired. Fresh steps for the same are also required to be taken. List again on 24.3.2015. (RACHNA GUPTA) Registrar

ô ITEM NO.68 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (with appln. (s) for permission to file additional documents) Date : 03/02/2015 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) Mr Hitendra Nath Rath, Adv. Mr. Y. Raja Gopala Rao,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for respondent No.1 requests for four weeks time to file counter affidavit. Granted. Complete set of pleadings be provided to the Ld. Counsel for respondent No.1 at the earliest. So far as respondent No.2 is concerned, the Ld. Counsel for the petitioner is required to take fresh steps for effecting service. The ld. Counsel for the petitioner has mentioned that petitioner No.4 has expired. Fresh steps for the same are also required to be taken.Signature Not Verified List again on 24.3.2015.Digitally signed byHema JoshiDate: 2015.02.0617:27:50 ISTReason: (RACHNA GUPTA) Registrar

ITEM NO.74 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR DR. K.ARUL Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (with appln. (s) for permission to file additional documents) Date : 01/12/2014 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await service of the respondents. List again on 3.2.2015. (DR. K.ARUL) Registrar

\204 ITEM NO.74 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR DR. K.ARUL Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (with appln. (s) for permission to file additional documents) Date : 01/12/2014 This petition was called on for hearing today. For Petitioner(s) Mr A Ramesh, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await service of the respondents. List again on 3.2.2015. (DR. K.ARUL) RegistrarSignature Not VerifiedDigitally signed byHema JoshiDate: 2014.12.0317:21:59 ISTReason:

ITEM NO.80 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR PANKAJ BHANDARI Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (with appln. (s) for permission to file additional documents) Date : 19/09/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Syed Ahmad Naqvi, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service report is awaited. List again on 1.12.2014. (PANKAJ BHANDARI) Registrar

t ITEM NO.80 REGISTRAR COURT. 1 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR PANKAJ BHANDARI Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (with appln. (s) for permission to file additional documents) Date : 19/09/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Syed Ahmad Naqvi, Adv. Mr. A. Venayagam Balan,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service report is awaited. List again on 1.12.2014. (PANKAJ BHANDARI) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2014.09.2217:02:49 ISTReason:

þ ITEM NO.42 COURT NO.6 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9008/2014 (Arising out of impugned final judgment and order dated 20/01/2014 in SA No. 26/2006 passed by the High Court Of A.p At Hyderabad) THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUS KURUMOJU NARASIMHA CHARY & ANR Respondent(s) (with appln. (s) for permission to file additional documents and interim relief) Date : 04/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr.M.N. Rao, Sr. Adv. Mr. A. Ramesh,Adv. Mr. Syed Amed, Naqvi, Adv. Ms. Shilpi Gupta, Adv. Ms. Manju Jara, Adv. Mr. A. Venayagam Balan ,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Learned counsel for the petitioners states that the property is in possession of the petitioners. If that is so, status quo as of today should be maintained till further orders. (Gulshan Kumar Arora) (Indu Pokhriyal) Court Master Court MasterSignature Not VerifiedDigitally signed byGulshan Kumar AroraDate: 2014.08.0709:28:28 ISTReason:

`ITEM NO.40 COURT NO.13 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).9008/2014(From the judgement and order dated 20/01/2014 in SA No.26/2006 ofThe HIGH COURT OF A.P AT HYDERABAD)THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUSKURUMOJU NARASIMHA CHARY & ANR Respondent(s)(With prayer for interim relief )Date: 21/04/2014 This Petition was called on for hearing today.CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s) Mr. M.N. Rao, Sr. Adv. Mr. A. Ramesh, Adv Ms. Manju Jana, Adv. Ms. Shilpi Gupta, Adv Mr. Syed Ahmad Nagoi, Adv Mr. A.Venayagam Balan,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the petitioners, adjourned for four weeks. [Geeta Ahuja] [Indu Pokhriyal] Sr. P.A. Court Master

\222ITEM NO.40 COURT NO.12 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).9008/2014(From the judgement and order dated 20/01/2014 in SA No.26/2006 ofThe HIGH COURT OF A.P AT HYDERABAD)THUMU VENKATA NARAYANA & ORS Petitioner(s) VERSUSKURUMOJU NARASIMHA CHARY & ANR Respondent(s)(With prayer for interim relief)Date: 15/04/2014 This Petition was called on for hearing today.CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s) Mr. A.Venayagam Balan,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Final order passed in O.S. Suit No.313 of 1989 be placed on record. List the matter on Monday, the 21st April, 2014. (Vishal Anand) (Indu Pokhriyal) Court Master Court Master

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