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2025 DAILYLAW 43562 (AP)

DHAMAM INFRA PROJECTS PVT LTD v. G.MURALIDHAR

CRP/2934/2019 · 2025-01-30

T C D Sekhar

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 2934 OF 2019 Petition under Article 227 of the Constitution of India aggrieved by the Order dt.26-08-2019 in lA No. 479 of 2018 in OS No. 47 of 2018 on the file of the Court of the lind Additional District Judge, Hindupur, Anantapur District Between: Dhamam Infra Projects PVT LTD, Rep by its Managing Director U.B. Kuldeep, S/o. UVL Subba Rao Aged 35 years, Occ. Business, R/o. Hyderabad. ...PETITIONER AND 1. G.Muralidhar, S/o. Late G. Venkata Narayana Setty, Age 57 years, Occ. Auditor, R/o. H.No.2-203, Second Road, Anantapur Post and District. 2. C. Sreeramulu,, S/o. C. Venkataramana, Age 44 years, Occ. Business, Rio. H.No.68, 1st floor, MR Residency, 3rd Main, 3rd Phase, 1st block, BSK third stage. Bangalore. 3. G.V Sreenivas,, S/o. Late G. Venugpal, Age 51 years, Occ. Business. Rio. H.No.9-1-88, Panduranga Nagar, Hindupur Post, Anantapur District. 4. PS Venkatesh Babu,, S/o. P. Sathyanarayana Setty Age 58 years, Occ. ' Business, Rio. H.No.9-173, Panduranga Nagar, Hindupur Post, Anantapur District. ...RESPONDENTS lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in OSNo 47 of 2018 on the file of II Additional District Judge, Hindupur pending disposal of the CRP Counsel for the Petitioner(s):SRI. C M R VELD Counsel for the Respondents: KRISTAM SAKTHI NIRANJAN GUPTHA The Court made the following: ORDER HTCDSJ CRP 2934_2019 1 APHC010313132019 JHE HIGH COURT OF ANDHRA PRADESH , AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION No.2934/2019 [3505] P Between: ...PETITIONER Dhamam Infra Projects Pvt Ltd AND ...RESPONDENT(S) G Muralidhar and Others Counsel for the Petitioner: 1.CMRVELU Counsel for the Respondent{S): 1.KRISTAM SAKTHI NIRANJAN GUPTHA The Courtmade the following: HTCDSJ CRP 2934 2019 2 ORDER:- 1. The present revision petition is filed against the order dt.26.08.2019 passed in lA No.479 of 2018 in OS No.47 of 2018, on the file of II Additional District Judge, Hindupur. 2. The petitioner is the defendant in the suit. The respondent filed a suit in OS No.47 of 2018 seeking to pass decree, directing the petitioner/defendant company to complete the remaining per approved plan bearing No. 1010/2014-G1, dt.10.10.2014 issued by Hindupur Municipality as per the development agreement dt.26.03.2014. construction of building as 3. In the said suit the petitioner/defendant filed an application vide lA No.479 of 2018 under Order VII Rule 11 CPC to reject the suit in view of arbitration clause in the Development Agreement- Cum-General Power of Attorney dt.23.06.2014. 4. It is also further contended that if any dispute arises between the parties, the same has to be resolved by referring to arbitrator. The said application was dismissed upon contest, which is impugned in the present revision petition. 5. Heard counsel for the petitioner and counsel for the respondents. HTCDSJ CRP_2934_2019 3 6. After hearing the matter for some time, the counsel for the respondents represented that the petitioner/defendant ex-parte in the suit and the suit is posted for hearing. Upon which the petitioner filed application seeking to set aside the was set ex-parte order passed against him aiong with an application to condone the delay in filing the said application. It is further represented that both the applications filed by the consideration. petitioner are pending 7. It is further represented by the counsel for respondents that the matter is likely to be compromise between the parties. the 8. In that view of the above submission, the petition is closed, leaving it open to the petitioner to above applications before the Trial Court. No order as to costs. 9. —Aia^quel, pending applications, if any, shall stand present revision pursue the Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The llnd Additional District Judge, Hindupur, Anantapur District. 2. One CC to SRI. C M R VELU, Advocate [OPUC] 3. One CC to SRI. KRISTAM SAKTHI NIRANJAN GUPTHA, Advocate [OPUC] 4. Three CD Conies HIGH COURT DATED;31/01/2025 ORDER CRP.No.2934 of 2019 CLOSING THE CRP