HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 5252 OF 2010 ORDER : This Civil Revision Petition has been filed aggrieved by the Order and decree dated 27.8.2010 passed in C.M.A.No. 166 of 2008 by the II Additional Chief Judge, City Civil Court, Hyderabad. Petitioner herein is the plaintiff in O.S.No. 5814 of 2004. He filed the suit for perpetual injunction. The Trial Court after perusing the entire material on record, held that the evidence of PW-1 and PW-2 coupled with Exs. A1 to A19 clinchingly shows that the suit schedule property is situated in the village of Attapur, Rajendranagar Mandal of Rangareddy District and returned the plaint to the plaintiff to be presented before proper Court in which suit should have been instituted within 30 days from the date of the order. Aggrieved by the same, the petitioner herein filed appeal in C.M.A.No. 166 of 2008 and the appellate Court dismissed the appeal holding that the trial court rightly returned the plaint for presentation before proper Court. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner submits that the court below failed to appreciate that the suit schedule property in O.S.No. 4541 of 2004 and in O.S.No. 5814 of 2004 both on the file of IX Junior Civil Judge CCC, Hyderabad are being claimed as one and the same even though the Municipal numbers are distinct. He also submits that the Court below failed to appreciate that the observations of this Court made in CRP No. 1331 of 2005 in its order dated 15.2.2007 were obtained by playing fraud upon the Hon’ble High Court and the same was tried to be brought into the notice of the High Court through Review CMP No. 2365 of 2007 but the same was resulted in dismissal on 8.2.2008 and that played a vital and effective role in influencing the lower Court to come to an erroneous conclusion that the City Civil Court, Hyderabad is not having territorial jurisdiction to entertain the suit. Heard the learned counsel appearing for the petitioner and also perused the material made available on record. As seen from the record, plaint schedule property in the suit viz., O.S.No. 5814 of 2004 is described as under: “All that Plot No. 24 in Survey No. 503/B, admeasuring 162.50 sq. yards with one room and compound wall at Mogal Ka Nala, Ring Road, Asif Nagar Mandal, Hyderabad and bounded by: North: 20’ wide Road, East: Plot of Gaffar, South: APSEB Sub Station West: House of Md. Moinullah Whereas the plaint schedule property in O.S.No. 4541 of 2004 is described in the plaint as under: “All that is the property bearing MCH NO. 13-6-826/66, Plot No. 66 in Survey No. 503 ‘A’ admeasuring 175 sq.yards situated at Moghal Ka Nala, Ring Road, Asifnagar Mandal, Hyderabad bounded by: North: Road , East : Neighbour’s property, South: Store Room, West: Neighbour’s property”. As contended by the learned counsel appearing for the petitioner both the courts below have not come to the conclusion by referring the order passed in C.R.P.No. 1331 of 2005. Therefore, the matter is remitted to the appellate Court for fresh consideration to decide whether the plaint schedule property in O.S.No. 5814 of 2004 is situated at Attapur Village in Rajendranagar Mandal, Ranga Reddy District or Asifnagar Mandal, Hyderabad after going through the evidence and also the documents made available on record and dispose of the matter as expeditiously as possible after giving an opportunity to both the parties. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J DATE: 12.08.2011 KA