Ganti Balamma v. Gandi Panasa Ramanna (Died)

THE HONOURABLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION Nos.5692 & 6235 of 2016 COMMON ORDER:

These two civil revision petitions are filed by the petitioners/Judgment Debtors under Section 115 of C.P.C. aggrieved by the docket orders, dated 14.10.2016, passed in E.A.Nos.688 of 2016 and 690 of 2016 in E.A.No.143 of 2011 in E.P.No.98 of 2009 in O.S.No.261 of 2006, on the file of the Senior Civil Judge, Ramachandrapuram. Heard and perused the material available on record. The respondents/petitioners filed the E.A.No.688 of 2016 in E.A.No.143 of 2011 in E.P.No.98 of 2011 in O.S.No.261 of 2006 to grant police aid to the Amin by directing the Station House Officer, K. Gangavaram Mandal, to render necessary police aid to the Amin at the time of delivery of the property, whereby the learned Senior Civil Judge, Ramachandrapuram, allowed the said petition, vide docket order, dated 14.10.2016.

The respondents/petitioners filed the E.A.No.690 of 2016 in E.A.No.143 of 2011 in E.P.No.98 of 2011 in O.S.No.261 of 2006 to grant K. Gangavaram Mandal Surveyor Assistance with the help of filed Measurement Book and other revenue records etc., to the Amin at the time of delivery of the property, whereby the learned Senior Civil Judge, Ramachandrapuram, allowed the said petition, vide docket order, dated 14.10.2016.

Challenging the said docket orders, dated 14.10.2016, the petitioners/Judgment Debtors filed the present civil revision petitions. When the matters came up for consideration, learned counsel for the petitioners herein produced the certified copies of the impugned docket orders, dated 14.10.2016. After perusal of the docket orders, it is

seen that the impugned orders does not disclose any reasons for allowing the said applications, it is simply mentioned as "Petition allowed" in the hand writing of the learned Senior Civil Judge, Ramachandrapuram, and the date is mentioned as 14.10.2016.

Considering the said facts and circumstances of the case, this Court is of the view that the matters can be remanded to the trial Court to pass a speaking order on the basis of the petitions filed by the respondents herein after hearing both sides.

Accordingly, both the Civil Revision Petitions are allowed by setting aside the docket orders, dated 14.10.2016, in E.A.Nos.688 of 2016 and 690 of 2016 in E.A.No.143 of 2011 in E.P.No.98 of 2009 in O.S.No.261 of 2006, on the file of the Senior Civil Judge, Ramachandrapuram, and the matters are remanded to the learned Senior Civil Judge, Ramachandrapuram. The learned trial Judge is directed to pass a speaking order on the basis of the petitions filed by the respondents herein after hearing both sides. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in these civil revision petitions shall stand closed.

___________________ RAJA ELANGO,J Date: 25th January, 2017 KL

THE HONOURABLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION Nos.5692 & 6235 of 2016 Date: 25th January, 2017 KL