Gogula Munichandra v. V Gurunadham

THE HON'BLE SRI JUSTI CE A. RAJASEKHAR REDDY CI VI L REVI SI ON PETI TI ON No.7 1 0 4 of 2 0 1 8 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed challenging the Order dt. 09.11.2018 in I.A.No.859 of 2018 in O.S.No.50 of 2012 passed by the Senior Civil Judge, Srikalahasthi, Chittor District, wherein and whereby the application filed by the petitioner under Order 16 Rule 4 and Rule 129 of Civil Rules of Practice, was dismissed.

Learned counsel for the petitioner submits that substantial rights of the petitioners are involved in the case and the evidence of Mandal Revenue Officer is necessary in this aspect, but the Court below, without considering the issue in right perspective, dismissed the application filed by the petitioner.

In this case it is to be seen that the suit is of the year 2012 and the present application is filed in the year 2018. The Court below found that the petitioner has not complied with the conditions laid down in Rule 129 (3) of Civil Rules of Practice and accordingly dismissed the application. A perusal of the Order impugned in this Revision goes to show that the Court below considered the issue in proper perspective and no infirmity is brought to the notice of the Court in the Order passed by the Court below.

In view of the same, I do not see any reason to interfere with the Order dt. 09.11.2018 in I.A.No.859 of 2018 passed by the Senior Civil Judge, Srikalahasthi, Chittor District. Accordingly, this Civil Revision Petition is dismissed. The miscellaneous Petitions, if any, pending in this case shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A. RAJASHEKER REDDY, J Dt: 30-11-2018 eha

THE HON'BLE SRI JUSTI CE A. RAJASEKHAR REDDY CI VI L REVI SI ON PETI TI ON No.7 1 0 4 of 2 0 1 8 Dt. 30.11.2018 eha