Dismissed

Smt Namala Chandamma v. M Chenchaiah

Andhra Pradesh HC8 Dec 2023CRP/2986/2023

Case brief

AI extract

What is this about?

This single-paragraph order dismissed a civil revision petition. The High Court held that a second application on the same facts and for the same relief was not maintainable as the first application had already been dismissed and the order became final. Thus, no interference with the trial court's finding was warranted.

What did the court decide?

Civil revision petition dismissed; no order as to costs; pending miscellaneous petitions closed.

Smt Namala Chandamma Vs M Chenchaiah — Civil Procedure and Limitation | Andhra Pradesh HC (2023)

¶1

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶2

C.R.P.No.2986 of 2023

¶3

ORDER:

¶4

The 1^st petitioner had filed O.S.No.213 of 2017 before the Principal Junior Civil Judge, Puttur for permanent injunction against the defendants in relation to certain land in Pathiputtur Village, Vadamalapet Mandal, Chittoor District.

¶5

The petitioner moved I.A.No.980 of 2023 for issuing summons to the Mandal Revenue Officer, the Revenue Inspector and the Surveyor, who have jurisdiction in Pathiputtur Village for the purpose of adducing evidence from them in relation to the revenue records and the DKT patta that is said to have been issued in favour of the defendants.

¶6

This application was resisted by the respondent/defendants on the ground that a similar application had been moved by way of I.A.No.762 of 2023 under Order XVI Rule, which had been dismissed on 01.08.2023 itself and consequently, a similar application cannot be filed.

¶7

The trial Court, agreeing with the contentions of the respondents, dismissed the application by order dated 09.10.2023. Aggrieved by the said order of dismissal, the legal representative of the petitioner has approached this Court by way of the present civil revision petition.

¶8

Heard Sri V. Venkata Mayur, learned counsel appearing for the petitioners.

¶9

C.R.P.No.2986 of 2023

¶10

¶11

A perusal of the orders and the pleadings in I.A.No.980 of 2023 and in I.A.No.762 of 2023 show that both the applications have been filed on the basis of the same facts and for the same reliefs. In view of the fact that the said relief had been rejected in I.A.No.762 of 2023, which order has become final, a second application on the same set of facts and for the same relief is obviously not maintainable. In view of the same, there is no reason to interfere with the findings of the trial Court.

¶12

Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

¶13

_________________________ R. RAGHUNANDAN RAO, J.

¶14

8^th December, 2022 Js.

¶15

RRR,J 3 C.R.P.No.2986 of 2023

¶16

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶17

C.R.P.No.2986 of 2023

¶18

8^th December, 2022

¶19

Js.

Smt Namala Chandamma v. M Chenchaiah

Case brief

What is this about?

What did the court decide?

Smt Namala Chandamma v. M Chenchaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kuntala Peddagangadhar Vs Sri Sasibhushan Kumar I.A.S

M/S Chetan Construction Vs Sri Sasibhushan Kumar, IAS

Smt. Sujathamma Vs a.Chowde Gowdu (died)

Smt.P.Lalithamma Vs P.Dhanalakshmi

D Krishnaveni Vs Sri Chiranjeevif Chowdary

Dasari Ramakrishna, Vs The State of Andhra Pradesh