Anusha C Pawar v. Shivaji Rathod

HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.5047 of 2015 ORDER:

Heard learned counsel for the petitioner and learned counsel for the respondent.

The respondent herein is the petitioner in the main O.P.No.1075 of 2011 filed before the Judge, Family Court, Hyderabad, seeking custody of children. In the said O.P of the year 2011, the present I.A.No.299 of 2015 is filed by the respondent herein seeking permission to file additional documents as shown in the list of the documents annexed to the petition. The petitioner herein has filed a counter affidavit opposing the relief sought in the said I.A. In spite of the same, only on the ground that there is no severe objection in the counter, the said I.A was allowed by the impugned order. Hence, this revision.

The impugned order is not a reasoned order. In the absence of reasons for allowing the I.A, this Court is of the view that it is a fit case for re-consideration of I.A by the Court below. Learned counsel for both parties also acceded for consideration of the matter afresh by the Court below.

For the aforesaid reasons, this Civil Revision Petition is allowed and the impugned order, dated 24.08.2015, in I.A.No.299 of 2015 in O.P.No.1075 of 2011 passed by the Judge, Family Court, Hyderabad is set aside and the matter is remanded to the Court below for fresh consideration of I.A.No.299 of 2015 in O.P.No.1075 of 2011

expeditiously, preferably within a period of three weeks from today. As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY 27.11.2015 v v