Yadakula Chellam Naidu v. Jagani Srinivasa Rao

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Between:

Yadakula Chellam Naidu, S/o.Appalanaidu, Hindu, Aged 66 years, Cultivation, V.Madugula Village and mandal, Visakhapatnam district and six others.

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Petitioners And Jagani Srinivasa Rao, S/o.Sanyasayya, Hindu, aged 63 years, Cultivation, R/o. Peda Komati Veedhi, V.Madugula village and mandal, Visakhapatnam district and five others.

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Respondents Counsel for the Petitioners : Mrs. T.V.Sridevi Counsel for the Respondents : ----- The Court made the following:

Order:

This civil revision petition is filed against docket order dated 14.03.2017 in A.T.C.No.1 of 2015 on the file of the Special Officer under A.P. Tenancy Act-cum-Junior Civil Judge at Madugula. 2.

A perusal of the above mentioned docket order shows that no reasons have been assigned by the lower court for payment of stamp duty and penalty.

3.

The learned counsel for the petitioners submitted that no other order containing reasons, was passed. However, I find that the petitioners have approached this court with a delay of more than 1 year 8 months after passing of the order.

4.

In these facts and circumstances of the case, I am not inclined to interfere with the order of the lower court. However, as the lower Court has failed to give any reasons while passing the docket order, petitioners shall be free to raise the plea of the correctness or otherwise of the docket order under revision, in the appeal that may be filed by them in the event of their suffering an adverse order in A.T.C.No.1 of 2015.

5.

With the liberty given to the petitioners as above, the civil revision petition is dismissed.

6.

As a sequel to the dismissal of the civil revision petition, I.A.No.1 of 2018 is disposed of as infructuous. __________________________________ (C.V.Nagarjuna Reddy, J) Date: 28th November, 2018 msb