Dismissed

Muthabathula Ratna Kumar v. Putta Venkata Satya Somasekhar

Andhra Pradesh HC28 Feb 2024CRP/2158/2023

Case brief

AI extract

What is this about?

Defendant sought clubbing or simultaneous enquiry of two suits arising from the same cause of action; the trial court dismissed clubbing but permitted simultaneous proceedings. The High Court found no illegality or prejudice and dismissed the revision petition.

What did the court decide?

CRP dismissed; no order as to costs; pending miscellaneous petitions closed.

Muthabathula Ratna Kumar Vs Putta… — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THURSDAY ,THE TWENTY NINETH DAY OF FEBRUARY/'C^qOR•
TWO THOUSAND AND TWENTY FOUR P o
a:

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

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CIVIL REVISION PETITION NO: 215fi OF

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the ordersPetitiondated.under18.07.2023Articie 227passedof thein ConstitutionI.A.No.322 ofof 2023India inaqqrievedoTnTi21bv of 2022 on the file of II Additional Senior Civil Judge, Kakinada.

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Between;

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Muthabathula Ratna Kumar, S/o. Verriyya, Aged 52 years, R/o. D No 23-15/1, Nageswara Rao Street, Ramaraopeta, Kakinada

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...Petitioner/Defendant

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AND

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Putta Venkata Satya Somasekhar, S/o. r. R/o. D.No. 14-4-15/1, Munagalavari Street.^{PrabhakarRao,aged34years,} I Ramakrishnaraopeta, Kakinada.

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■■■Respondent/Plaintiff

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[A NO; 1 OF

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Addihonal Senior Civil Judge, Kakinada, pending disposal of the above

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Counsel for the Petitioner: SRI K. SATYANARAYANA MURTHY Counsel for the Respondent: SRI N. SIVA REDDY

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The Court made the following; ORDER

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APHC010418232023 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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[3299]

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THURSDAY ,THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

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CIVIL REVISION PETITION NO; 2158 OF 2023

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Between:

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MUTHABATHULA RATNA KUMAR ...PETITIONER(S)

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AND

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PUTTA VENKATA SATYA SOMASEKHAR ...RESPONDENT(S)

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Counsel for the Petitioner(s):SRI. K SATYANARAYANA MURTHY

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Counsel for the Respondents: N SIVA REDDY

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The Court made the following order:

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Heard Sri K.K.Raghuveer, learned counsel representing M/s. K.Satyanarayana Murthy, learned counsel for the petitioner and Sri V.Adinarayana, learned counsel representing Sri N.Siva Reddy, learned counsel for the respondent.

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The petitioner is the defendant in O.S.No.l21 of 2022, pending in the Court of II Additional Senior Civil Judge, Kakinada.

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The suit is filed by the Plaintiff/respondent. 4. In the suit, the petitioner filed I.A.No.322 of 2023 requesting to conduct joint enquiry by clubbing the O.S.No.107 of 2022 with O.S.No.l21 of 2022 or conduct enquiry simultaneously as both suits were said to be arising out of one and the same cause of action.

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By the impugned order, the Trial Court has dismissed the petition but has directed both the parties to proceed simultaneously^inbothsuits.

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I find no illegality in the order because even if both the suits are not clubbed as prayed, the prayer of the defendant in the application was either to club or to conduct enquiry simultaneously. The Trial Court has provided, to proceed with both the suits simultaneously. Consequently no prejudice is caused to the petitioner. This Court does not find any reason to interfere in the order of the trial Court in the exercise of the jurisdiction under Article 227 of the Constitution of India.

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The Civil Revision Petition is dismissed.

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No order as to costs.

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As a sequel thereto, miscellaneous petitions, if any pending, shall also

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stand closed.

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SD/- G HELA NAIDU ASSISTANT, REGISTRAR

//TRUE COPY//

SECttefTOFFICER

The II Additional Senior Civil Judge, Kakinada. (with records if any) 2. One CC to Sri K. Satyanarayana Murthy, Advocate [OPUC] 3. One CC to Sri N. Siva Reddy, Advocate [OPUC] 4. The Section Officer, V.R. Section, High Court of A P at Amaravathi. 5. Three CD Copies

LRV

sree

HIGH COURT

DATED:29/02/2024

ORDER

CRP.No.2158 of 2023

DISMISSING THE C.R.P. WITHOUT COSTS

Muthabathula Ratna Kumar v. Putta Venkata Satya Somasekhar

Case brief

What is this about?

What did the court decide?

Muthabathula Ratna Kumar v. Putta Venkata Satya Somasekhar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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