Konala Sri Rama Reddy v. Medapati Anjaneya Reddy

HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL REVISION PETITION No.1601 OF 2012 Dated 8-2-2016 Between:

Konala Sri Rama Reddy.

..Petitioner.

And:

Medapati Anjaneya Reddy.

..Respondent.

HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL REVISION PETITION No.1601 OF 2012 ORDER:

This C.R.P. is filed questioning the docket order dated 29-2-2012 on the file of I Additional Junior Civil Judge, Tanuku in E.P.No.313 of 2010 in O.S.No.173 of 2001.

Executing Court ordered for publication as the J.Dr. was not served with notice and after filing of publication, the court found that service is sufficient and then set the J.Dr. exparte and ordered for delivery of property. Questioning the said order, present revision is preferred.

Advocate for revision petitioner submitted that the revision petitioner herein filed appeal challenging decree in O.S.No.173 of 2001 in A.S.No.38 of 2008 on the file of Senior Civil Judge, Tanuku and that the said appeal was dismissed and as against that, the petitioner herein preferred Second Appeal No.431 of 2014 and this court granted stay of execution in the second appeal. When the second appeal is preferred challenging the very same decree and it is stayed by this court, the order passed by Junior Civil Judge dated 29-2-2012 has no effect and nothing survives for this revision and it has become infructuous. Accordingly, this Civil Revision Petition is dismissed as infructuous.

No costs.

As a sequel to the disposal of this revision, the Miscellaneous Petitions, if any, pending, shall stand dismissed. ____________________ JUSTICE S.RAVI KUMAR Dated 8-2-2016.

Dvs.

HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL REVISION PETITION No.1601 OF 2012 Dated 8-2-2016 Dvs