B. Mallesh Goud v. B.Satyamma And Another

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CIVIL REVISION PETITION No.742 of 2016 ORDER:

This civil revision petition is filed by the plaintiff, under Article 227 of the Constitution of India, assailing the order dated 30.11.2015 passed in I.A. No.2166 of 2015 in O.S.No.681 of 2011 on the file of the Chief Judge, City Civil Court, Hyderabad. 2.

At the time of hearing, learned counsel for both the parties submitted that the trial Court has not taken into consideration the documents of both the parties; therefore, it is a fit case to set aside the impugned order and remand the matter to the trial court for fresh disposal in accordance with law. In view of the submission made by both the counsel, this Court is of the considered view that it is a fit case to allow the revision and remand the matter to the trial Court.

3.

In the result, the civil revision petition is allowed, setting aside the order dated 30.11.2015 passed in I.A. No.2166 of 2015. Consequently, I.A. No.2166 of 2015 in O.S.No.681 of 2011 on the file of the Chief Judge, City Civil Court, Hyderabad is restored. The learned Chief Judge is hereby directed to dispose of I.A.No.2166 of 2015 afresh, after affording reasonable opportunity to both the parties. Miscellaneous petitions, if any, pending in this revision petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J Date: 21.12.2018 YS