M. Harshavardhan Reddy, v. B. Samyuktha

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No.3214 OF 2017 ORDER:

The present Civil Revision Petition, under Section 115 of the Code of Civil Procedure (for short 'CPC'), is filed challenging the order dated 26.04.2017 passed in I.A.No.56 of 2017 in O.P. No.63 of 2016 by the Principal Senior Civil Judge, Madanapalle, Chittoor District, wherein and whereby an application filed under Order IX Rule 7 r/w. Section 151 of CPC, filed by the petitioner, seeking to set aside the ex parte order passed on 03.11.2016, was dismissed. Heard Sri Challan Dhanamjaya, learned counsel for the petitioner, and Sri T.Niranjan Reddy, learned Senior counsel for the respondent. With their consent, the Civil Revision Petition is disposed of at the stage of admission itself. Both the counsel agreed that both the orders i.e. order dated 26.04.2017 passed in I.A.No.56 of 2017 as well as the order dated 03.11.2016 passed in O.P.No.63 of 2016, whereby the petitioner herein was set ex parte, be set aside. Further, the learned counsel for the petitioner also submits that his client is ready to co-operate with progress of the trial.

Though the present revision is filed only against the order dated 26.04.2017 passed in I.A.No.56 of 2017, but in view of the concessions made by both the counsel across the Bar and taking into consideration the fact that both the parties are eager to get themselves separated, in accordance with law, so as to avoid complications at later point of time, not only the impugned order but also the order dated 03.11.2016 passed in O.P.No.63 of 2016 setting the petitioner ex parte, are set aside.

Further, a perusal of the record would disclose that both the parties have settled their disputes and are keen to settle the matter by taking divorce. Hence, the O.P. is restored to its file and the Principal Senior Civil Judge, Madanapalle, Chittoor District, shall take up O.P. No.63 of 2016 and expedite the disposal of the O.P. as early as possible, preferably within a period of three to six months. Accordingly, the Civil Revision Petition is disposed of. Miscellaneous petitions pending in this revision, if any, shall stand closed. No costs.

________________________ C. PRAVEEN KUMAR, J 11.08.2017 sur