- (1.)While CRP No.924 of 2007 is filed under Section 115 CPC, all the other C.R.Ps have been filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India. This Court, by its order dated 21.03.2007, directed C.R.P.No.924 of 2007 be posted along with C.R.P.No.925 of 2007. Subsequently, by order in C.R.P.No.1595 of 2012 dated 27.06.2013, this Court directed C.R.P.No.1595 of 2012 to be posted along with C.R.P.No.924 of 2007, C.R.P.No.2954 of 2009 and C.R.P.No.1597 of 2012 and, accordingly, all these C.R.Ps. were listed together and are now being disposed of by this common order. Parties shall, hereinafter, be referred to as they are arrayed in proceedings before the Junior Civil Judge, Medchal in the Suits and in the I.As.
(2.)Facts, to the extent necessary for the disposal of these CRPs, are that Sri C.Narasimha filed O.S.No.302 of 2002 on the file of the Junior Civil Judge, Medchal seeking perpetual injunction restraining the Collector, Ranga Reddy District and the Mandal Revenue Officer, Quthbullapur Mandal, from interfering with the suit land admeasuring Ac.2.00 in Survey No.25/2 situated at Pet Basheerbad Village, Quthbullapur Mandal, Ranga Reddy District. The plea of Sri C. Narasimha, that he had submitted an application to the Mandal Revenue Officer for issuance of a patta certificate, is an admission on his part that the suit schedule property, in O.S.No.302 of 2002, is government land. The Junior Civil Judge, Medchal, by order in I.A.No.874 of 2002 in O.S.No.302 of 2002 dated 13.11.2002, directed status quo to be maintained. The defendants were set ex parte on 28.03.2003, and an ex parte decree was passed on 02.05.2003. The Collector, Ranga Reddy District, and the Mandal Revenue Officer, Quthbullapur Mandal, filed I.A.No.2426 of 2006 in O.S.No.302 of 2002 to condone the delay of 1265 days in filing the petition to set aside the ex parte decree dated 02.05.2003. The said I.A. was allowed by order dated 30.11.2006 and the delay in filing the petition to set aside the ex parte decree was condoned. They filed I.A.No.2529 of 2006 in O.S.No.302 of 2002 requesting the Court below to set aside the ex parte decree passed on 02.05.2003.
(3.)In his order, in I.A.No.2529 of 2006 in O.S.No.302 of 2002 dated 30.11.2006, the Junior Civil Judge, Medchal, held that I.A.No.2426 of 2006 was allowed, and the delay was condoned; and, as the defendants in the Suit had already filed a written statement along with the petition to set aside the ex parte decree and had stated that they were having a good defence, they would be put to irreparable loss and injury if they were not permitted to contest the matter. I.A.No.2529 of 2006 was also allowed.