J.Yadagiri Reddy v. J.Hemalatha

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITON No.2770 of 2015 ORDER:

The defendant Nos.1, 3 and 5 in the suit are the petitioners in this revision. They are aggrieved by a short order passed by the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar in I.A.No.1295 of 2014 in O.S.No.1383 of 2005.

I.A.No.1295 of 2014 is moved by the plaintiff seeking amendment of the plaint averments and the relief prayed for therein. That application was opposed by the defendants on the ground that the same was moved belatedly, that too after the commencement of the trial. Without examining as to whether the application Under Order VI Rule 17 can be allowed at that stage, the learned VII Additional Senior Civil Judge, Ranga Reddy District passed a very short order sans reasons. It runs as under:

"Heard. Perused petition and counter. Petitioner want to amend the plaint and incorporate even two reliefs of cancellation and paras in plaint. To enable petitioner/plaintiff to have effective pleadings and to present their case, petition allowed on costs of Rs.200/-. Petitioner to pay relevant Court Fee on the relief sought if is liable." Reasons are the essential links reflecting the application of mind. A judicial body is all the more required to assign reasons for the conclusions drawn by it. I am at a loss to understand as to how an application, which is contested by the defendants, can be disposed of in the manner in which the learned VII Additional Senior Civil Judge, Ranga Reddy District has done. For want of reasons and that too valid reasons, the order dated 03.06.2015 cannot be sustained. It is accordingly set aside.

The learned VII Additional Senior Civil Judge, Ranga Reddy

District will now take up the I.A.No.1295 of 2014 for consideration afresh in accordance with law duly applying his mind to the rival contentions. Let this exercise be completed as expeditiously as possible preferably within a period of one month from the date of receipt of a copy of this order.

The Civil Revision Petition stands disposed of with this order. No order as to costs.

The miscellaneous petitions, if any pending in the revision, shall stand closed.

I only hope and trust that the learned VII Additional Senior Civil Judge, Ranga Reddy District will not give scope in future for this Court to reflect upon the orders that are being passed by him. _______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 28.08.2015 Ksp

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** CIVIL REVISION PETITION NO.2770 OF 2015

Between:

J.Yadagiri Reddy and 2 others.

... Petitioners.

And J.Hemalatha and 3 others.

... Respondents.

JUDGMENT PRONOUNCED ON 28th August, 2015 THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

1. Whether Reporters of Local newspapers No may be allowed to see the Judgments?

2. Whether the copies of judgment may be marked No to Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to see No the fair copy of the Judgment?