U Mallehwari v. Uduthalapalli Sudarshan

THE HON'BLE SRI JUSTICE P.NAVEEN RAO CIVIL REVISION PETITION No.2208 of 2016 Dated : 09.08.2016 Between:

U. Malleshwari W/o.Sudarshan, Aged about 45 yrs, R/o.H.No.1-5-10-105, Behind Sridevi Theatre, Hanamkonda, Warangal District.

.. Petitioner And Uduthalapalli Sudarshan S/o.Late Chennaiah, Aged about 59 yrs, Occu : RTC Helper, R/o.TSRTC, Thorrur Depot, Thorrur Village & Mandal, Warangal District.

.. Respondent This Court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO CIVIL REVISION PETITION No.2208 of 2016 ORDER :

The petitioner challenges the maintainability of O.P.No.18 of 2013 and filed I.A.No.613 of 2015 for rejecting the O.P, on the ground of jurisdiction. The trial Court noted that earlier on interse dispute cases were filed in the same Court and the residential address of the petitioner was shown as Nellutla village, having regard to these facts, the Court refused to consider the maintainability of O.P., at that stage.

2. The Order of the Court below would clearly show that the claim of the petitioner is not outrightly rejected, but it is left open to the petitioner to raise the issue in the O.P.

3. Hence, I see no patent error committed by the Court below warranting interference of this Court, more so, when the rights of the petitioner are preserved to be agitated at appropriate time.

4. Accordingly, the Civil Revision Petition is dismissed, leaving it open to the petitioner to raise the issue of maintainability in the O.P., at appropriate stage of proceedings. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this revision shall stand closed.

__________________ P.NAVEEN RAO,J 9th August, 2016.

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