Desetty Irgadendla Narsimha v. Bolla Venkatamma, And 5 Others

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CIVIL REVISION PETITION Nos.2771 and 2772 of 2019 COMMON ORDER:

Since the parties and the issue involved in both the revision petitions are one and the same, they are being disposed of by this common order.

2.

These two Civil Revision Petitions, under Article 227 of the Constitution of India, are filed aggrieved by the orders, dated 14.08.2019, passed in I.A.Nos.646 and 645 of 2019 in O.S.Nos.60 and 50 of 2019 by the First Junior Civil Judge, City Civil Court, Secunderabad, wherein the petitions filed under Order VII Rule 10 of the Code of Civil Procedure, 1908, for return of plaints in respect of the aforesaid Original Suits, were dismissed. 3.

Sri P.Laxma Reddy, learned counsel appearing for the 1st respondent would submit that aggrieved by the impugned orders, the petitioner herein already filed appeals vide C.M.A.Nos.17 and 18 on the file of 27th Additional Chief Judge, City Civil Court, Secunderabad, and the same are pending; that suppressing the said fact, the present Civil Revision Petitions are filed and hence, he prays to dismiss both the revision petitions. 4.

As seen from the record, aggrieved by the impugned orders, the petitioner has already filed C.M.A Nos.17 and 18 of 2019 and the same are pending. When this Court asked the counsel for the petitioner with regard to knowledge of filing of aforesaid C.M.As., the counsel informed to the Court that he has no knowledge and the client did not inform him about the same. Since the petitioner

has not come to the Court with clean hands, this Court finds that the act of the petitioner is improper. Further, the petitioner cannot pursue two parallel proceedings in respect of same cause of action. Hence, both the civil revision petitions are devoid of merit and they are liable to be dismissed at the stage of admission. 5.

Accordingly, both the Civil Revision Petitions are dismissed with costs quantifying to Rs.12,000/- (Rupees Twelve thousand only). The said costs shall be shared among the respondents equally.

Miscellaneous petitions, if any, pending in these two revision petitions shall stand closed. There shall be no order as to costs. ________________________ T.AMARNATH GOUD, J 25th November, 2019 YVL

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CIVIL REVISION PETITION Nos.2771 and 2772 of 2019 Date : 25.11.2019 YVL