Smt. D. Bharathi Devi v. K. Venkat Rao

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CIVIL REVISION PETITION No.818 of 2016 ORDER:

This civil revision petition is filed under Article 227 of the Constitution of India challenging the order dated 13.11.2015 in I.A.No.352 of 2015 in O.S.No.594 of 2008 on the file of the Court of Additional Junior Civil Judge, Kukatpally at Miyapur, Ranga Reddy District.

2.

Heard the learned counsel for the petitioners and the learned counsel for respondent Nos.1 to 3.

3.

A perusal of the record reveals that the petitionersdefendant Nos.1 and 2 filed I.A. No.352 of 2015 under Order XI Rule 14 read with Section 151 of CPC to call for the records containing the signature and thumb impression of the General Power of Attorney (GPA) Document No.356/1991, dated 22.2.1991 from the Joint Registrar-II, R.O., Hyderabad. The trial court dismissed the petition by slipshod order without assigning reasons for such dismissal. 4.

The learned counsel for both the parties, in all fairness, submitted that the impugned order may be set aside and the trial court may be directed to pass orders afresh after affording reasonable opportunity to both parties. 5.

Having regard to the facts and circumstance of the case, the petition is allowed, setting aside the order dated 13.11.2015 in I.A.No.352 of 2015 in O.S.No.594 of 2008 on

the file of the Court of Additional Junior Civil Judge, Kukatpally at Miyapur, Ranga Reddy District. The trial Court is hereby directed to dispose of the I.A. afresh by passing the reasoned order, after affording reasonable opportunity to both the parties. This exercise may be completed as expeditiously as possible, preferably within a period of two months, from the date of receipt of a copy of this order. No costs. Miscellaneous petitions, if any pending in this revision petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J Date: 19.1.2017.

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