M.S.Ramakrishna Raju, And Another v. Syed Mahmood, And 4 Others

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.2 3 4 1 OF 2 0 1 9 ORDER:

This revision, under Article 227 of the Constitution of India, is filed by the petitioners aggrieved by the docket order dated 23.07.2019 passed in I.A.No.457 of 2019 in O.S.No.247 of 2018 by the learned I Additional Junior Civil Judge-cum-IX Additional Metropolitan Magistrate, Cyberabad, Kukatpally at Prasanth Nagar. 2.

Heard learned counsel for the revision petitioners, learned counsel for the respondents and perused the record. 3.

The grievance of the revision petitioners is that though they were present on 23.07.2019, they were set ex parte by the Court below.

4.

The said submission can be made before the Court below and relevant facts relating to the subject I.A. can be brought to the notice of the Court below. Whether the revision petitioners are present before the Court below or not can be better determined by the Court below and it is not for this Court to determine that submission. 5.

Under these circumstances, the Civil Revision Petition is disposed of granting liberty to the revision petitioners to move an application before the Court below to set aside the ex parte order dated 23.07.2019 passed in I.A.No.457 of 2019 in O.S.No.247 of 2018. The Miscellaneous Petitions, if any, pending shall stand closed. No costs.

______________________ Dr . SHAMEEM AKTHER, J Date: 12.11.2019 ssp