Smt. K.Yadamma v. Smt. Mangali Ramulamma

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.1269 of 2015 10.04.2015 Between:

Smt.K.Yadamma

...Petitioner

And Smt.Mangali Ramulamma

...Respondent

Counsel for the petitioner: Mr.L.Harish Counsel for respondent: -- The Court made the following:

ORDER:

This civil revision petition arises out of the order, dated 22.01.2015 in I.A.No.192 of 2014 in O.S.No.43 of 2013 on the file of learned Additional District and Sessions Judge, Vikarabad, Ranga Reddy District. The respondent filed the aforesaid suit for specific performance of an agreement of sale. She filed the aforesaid I.A. to permit herself to amend the plaint by inserting certain words and numbers. The petitioner failed to contest the said application, as a result of which, the lower Court allowed the said I.A. Feeling aggrieved thereby, the petitioner filed this revision.

At the hearing, Sri L.Harish, learned counsel for the petitioner, has admitted the fact that his client has not filed counter-affidavit opposing I.A.No.192 of 2014. A perusal

of the order of the lower Court shows that besides non-filing of counter-affidavit, no one has represented the petitioner at the hearing. In my opinion, having failed to file counter-affidavit and contest the application filed by the respondent, the petitioner cannot be permitted to question the order passed by the lower Court. Therefore, the Civil Revision Petition is dismissed. As a sequel to dismissal of the Civil Revision Petition, C.R.P.M.P.No.1719 of 2015 filed by the petitioner for stay shall stand dismissed as infructuous. __________________________ (C.V.NAGARJUNA REDDY, J) 10th April, 2015 GHN