Tumu Nageswaramma v. Tumu Lakshmi Lavanya

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.4800 of 2015 ORDER:

This Civil Revision Petition under Article 227 of the Constitution of India by the unsuccessful plaintiffs/respondents is directed against the order dated 03.09.2015 of the learned Senior Civil Judge, Avanigadda, passed in I.A.no.506 of 2015 in O.S.no.91 of 2010 filed under Order XVIII Rule 3-A read with Section 151 of the Code of Civil Procedure, 1908 ('the Code', for brevity) requesting to permit the father of the petitioner to appear as a witness on her behalf after granting leave for the said purpose.

2. I have heard the submissions of the learned counsel for the revision petitioners/plaintiff ('the petitioners', for brevity) and the learned counsel for the respondent/defendant ('the respondent', for brevity). I have perused the material record.

3. At the hearing, the learned counsel for the revision petitioners would submit that order impugned is a cryptic order and is not supported by any reasons.

4. The learned counsel for the respondent fairly submits that in view of the fact that the order impugned is not a reasoned order, it may be set aside and the matter be remitted to the court below for disposal afresh.

5. Accordingly, the Civil Revision Petition is allowed setting aside the order dated 03.10.2015 in I.A.no.506 of 2015 in O.S.no.91 of 2010. The said interlocutory application is remitted to the trial Court for disposal afresh in accordance with the procedure established by law. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this revision shall stand closed.

_____________________ M. SEETHARAMA MURTI, J 07th April, 2016 RAR