G V Sambashiva Rao v. G V Deepak Rao,Laxmikantha Rao And 12 Others

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.7444 of 2018 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed aggrieved by the order, dated 30.10.2018, in I.A.No.702 of 2018 in O.S.No.166 of 2006 on the file of Additional Senior Civil Judge, Karimnagar.

2.

Respondent Nos.1 to 3 herein, who are defendant Nos.3 to 5 in the aforesaid application, filed by the aforesaid Interlocutory Application under Order VIII Rule 1 (A) read with Section 151 C.P.C to receive the documents filed along with the petition, was allowed subject to proof of and relevancy. Challenging the same, the present revision petition is filed by the petitioner/defendant No.2. 3.

The impugned order reads as follows:

"Respondent counsel reported no counter and endorsed on the petition. Heard and allowed subject to proof and relevancy."

4.

Learned counsel for the petitioner/defendant No.2 would submit that without issuing any notice to the petitioner/defendant No.2, as required under Rules 58 (2) and Rule 59 of the Civil Rules of Practice, the Court below allowed the application; that the learned Judge has not recorded any reason for allowing the application; that respondent Nos. 1 to 3 herein have not taken any plea in the written statement with regard to subject documents and for the first time they filed application and the Court below without observing the same, allowed the application and hence, he prays to set aside the impugned order.

5.

It is to be seen that the suit is filed for declaration of title and permanent injunction by the respondents 4 to 9/plaintiffs. Respondents 4 to 9/plaintiffs have not filed this revision petition and it is not known how revision petitioner is aggrieved by the impugned order.

6.

In view of the same, I do not find any reason to entertain the present Civil Revision Petition.

7.

Accordingly, the Civil Revision Petition is dismissed.

Miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed. There shall be no order as to costs. ___________________________ A.RAJASHEKER REDDY, J DECEMBER 15, 2018 YVL

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.7444 of 2018 Date:15.12.2018 YVL