Civil Revision Petition challenging an interlocutory order in a long-pending suit was dismissed because notices were not served on several respondents despite earlier directions, and their interests were common with served respondents. Miscellaneous applications stood closed.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
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MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
y.
THE HON’BLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 2354 OF 2024
Petition under Section 115 of C.P.C, aggrieved by theOrderdated21-01- 2009 in lA No. 384/2001 in lA No. 280/94 in OS No. 30/1978 passed by Senior Civil Judge, Adoni, Kurnool district
Between:
Gulfarosh Ghouse Mohiddin, S/o. Late G.C.Shaik Sab, Aged about 65 years Occ ; Retd. Employee, R/o. D. No. 12/500, B.N.Talkies Raod, Adoni.
...REVISION PETITIONER
AND
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m
/ /
§ R/o. 19/275, Behind B.N.Talkies, Adoni.
(All are Residing at D. No. 20/77, Beside D.S.P. Bangalow, Adoni)
...RESPONDENTS
I.A. NO: 1 OF 2011(CRPMP. NO: 3135 OF 2011)
Between:
...Petitioners/Proposed Petitioner No.2 to 6
AND
(All are Residing at D. No. 20/77, Beside D.S.P. Bangalow, Adoni)
Petition under Section 151 CPC, praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased bring the petitioners 2 to 6 herein on record as Appellants 2 to 6 in CRPSR.No. 19286 of 2009 as legal representatives of deceased petitioner No.1
Counsel for the Petitioner : SRI B. VENKAT RAMA RAO
Counsel for the Respondents : SRI R. PRASAD
The Court made the following:
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION ^ NO: (f^28^of(l^
ORDER:
The present Civil Revision Petition is filed questioning the Order l.A.No.384 of 2001 in I.A.No.280 of 1994 in dated 21.01.2009 in O.S.No.30 of 1978 passed by the Senior Civil Judge,Adoni,Kurnool District.
This Court on 20.12.2012 passed the following Order.
The learned counsel for the petitioner(s) is directed topaydata of notice on unserved and produce correct address for service respondent(s) in four (4) weeks from today, 2) the learned counsel for the petitioner(s) is alsopermittedto take out personal notice to unserved respondent(s)byregisteredpost with acknowledgment due and file proof of service withinfour(4)weeks from today; 3) it is further directed to comply with the officeobjections,ifany, within four (4) weeks from today;
If the above direction(s) is/are not complied with as directed shall stand dismissed without any further above, the C.R.P reference to the Court.
- As per the endorsement of the Registry, the notices were not served
on the Respondent Nos. 4 10, 12, 13, 17 to 10, and as such, the Civil Revision Petition was dismissed against them in view of the above 20.12.2012. As the case was dismissed extracted order of this court on
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1
against the above said respondents, the CRP is bound to be dismissed as the interest of all the respondents is common.
costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
To,
Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// M SECTibN OFFICER
MV
Madhu
HIGH COURT
DATED: 23/09/2024
ORDER
CRP.No.2354 of 2024
i 2 2 OCT 2024 "f
^ Current Section
DISMISSING THE CRP
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1 issue framed by the court
Whether the Civil Revision Petition should be dismissed for non-compliance with the Court's 20.12.2012 order directing service of notice and compliance with office objections.
1 provisions across 1 enactments
Gulfarosh Ghouse Mohiddin
Gulfarosh Jameel Hussain
Khatoon Bi
Gulfarosh Khaja Hussain Saheb
Gulfarosh Nadeem Saheb
Gulfarosh Abdul Rasheed
Nyapathy Vijay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
