Dismissed

Nidadavolu Rama Tulasamma v. Gunnmella Pattabhi (died)

Andhra Pradesh HC11 Sept 2024CRP/3552/2017

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging the trial court's refusal to reject a plaint. The Court held that the petitioner's previous applications for the same relief were dismissed for default or as not-pressed, making the current application non-maintainable under Order 9 Rule 9 CPC, and ruled against interference.

What did the court decide?

The civil revision petition was dismissed; miscellaneous applications pending stood closed.

Nidadavolu Rama Tulasamma Vs Gunnmella… — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

THURSDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶5

CIVIL REVISION PETITION NO: 3552 OF 2017

¶6

Petition under Article 227 of the Constitution of India, aggrieved by the order dt.29.06.2017 in IA.No.167/2017 in OS.No.89/2007 passed by the court of Senior Civil Judge, Peddapuram.

¶7

Between:

¶8

Nidadavolu Rama Tulasamma, W/o Venkata Rao, aged about⁵⁵ years Occ: Housewife, r/o Vetlapalem (v) Samalkot (mandal),^E.G.District

¶9

...PETITIONER/PETITIONER/DFDT N0.1 AND

¶10

Gunnmella Pattabhi (died)

¶11

Gummella Mangayamma (died)

¶12

Gadde Challayamma (died)

¶13

Gadde Krishna Murthy, S/o Veeraju, Aged about 75 years Occ; Cultivation, r/o Rayabhupalapatnam (RB Patnam) Peddapuram (mandal) E.G.Dist.,-533437

¶14

Gadde Brahmaji, S/o Krishna Murthy, Aged about 43 years, Occ: Cultivation, r/o Rayabhupalapatnam (RB Patnam) Peddapura m (mandal) E.G.Dist.,-533437

¶15

¶16

Gadde Srinivas, S/o Krishna Murthy, Aged about 40 years Occ; Cultivation, r/o Rayabhupalapatnam (RB Patnam) Peddapura m (mandal) E.G.Dist.,-533437

¶17

Yendru Raja Rajeswari, W/o Veera Venkata Rao, Aged about 38 years Occ: Housewife, r/o Rayabhupalapatnam (RB Patnam) Peddapuram (mandal) E.G.Dist.,-533437

¶18

...RESPONDENTS/RESPONDENTS/PLAINTIFFS

¶19

Gummella Subba Rao, S/o Late.Pattabhi, Aged about 50 years Occ: Cultivation, r/o Rayabhupalapatnam (RB Patnam) Peddapuram (mandal) E.G.Dist.,-533437

¶20

...RESPONDENT/RESPONDENT/DFDT N0.2

¶21

I.A. NO: 1 OF 2017(CRPMP. NO: 4666 OF 2017)

¶22

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in OS.No.89/2007 on the file of Hon'ble Court of Senior Civil Judge, Peddapuram, pending disposal of CRP.No. 3552/2017

¶23

Counsel for the Petitioner

¶24

: SRI J PRABHAKAR

¶25

Counsel for the Respondents : NONE APPEARED

¶26

The Court made the following ORDER :

¶27

¶28

APHC010532142017

¶29

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

¶30

[3460]

¶31

THURSDAY .THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶32

PRESENT

¶33

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶34

CIVIL REVISION PETITION NO: 3552/2017

¶35

Between:

¶36

Nidadavolu Rama Tulasamma

¶37

...PETITIONER

¶38

AND

¶39

Gunnmella Pattabhi Died and Others

¶40

...RESPONDENT(S)

¶41

Counsel for the Petitioner:

¶42

1.JPRABHAKAR

¶43

Counsel for the Respondent(S):

¶44

¶45

The Court made the following:

\ ’

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶50

CIVIL REVISION PETITION NO: 3552/ 2017

¶51

ORDER:

¶52

The present Civil Revision Petition is filed challenging^theOrder dated 29.06.2017 in I.A.No.167 of 2017 in O.S.No.89 of 2007 passed by the Senior Civil Judge, Peddapuram.

¶53

The Petitioner is the Defendant No.1. I.A.No.167 of 2017 was filed under Order 7 Rule 11 of the Code of Civil Procedure to reject the plaint filed by the Plaintiff. The trial Court, after hearing the respective counsels, dismissed the said application on 29.06.2017. Hence, the present Civil Petition.

¶54

Heard learned counsel for the Petitioner.

¶55

It is brought to the notice of this Court that the respondent No.1 died and his legal representatives are to be brought^{onrecord.Since,the} interest of other respondents is in common with Respondent No.1, they are treated as the legal representatives of the deceased for disposal of the case.

¶56

¶57

¶58

The trial Court noticed in its Order that the petitioner^hadearlier filed I.A.No.168 of 2009 under Order 7 Rule 11 C.P.C., with a prayer to reject the plaint and the same was dismissed for default.^{Subsequently,} the Petitioner filed another I.A.No.80 of 2017 for the same relief to reject the plaint and the same was dismissed as not-pressed.^The present application for the same relief on the same cause of action is not maintainable under Order 9 Rule 9 CPC. Therefore, this^Court is not inclined to interfere with the Order of the trial Court seeking for rejection of the plaint. The Civil Revision Petition is dismissed.^{Noorderastocosts.}

¶59

As a sequel, miscellaneous applications pending, if^{any,shallstand} closed.

¶60

SD/- K. KASIRAO ACHARI ASSISTANT REGISRAR

//TRUE COPY//

SECTION OFFICER

To,

The Civil Judge (Senior Division): Peddapuram, East^{GodavariDistrict.}

¶65

One CC to Sri. J Prabhakar Advocate [OPUC

¶66

THREE CD COPIES

TAC

HIGH COURT

DATED: 12/09/2024

€

ORDER

CRP.No.3552 of 2017

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2 1 NOV 202<i S
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. Current Section

¶75

DISMISSING THIS CRP

Nidadavolu Rama Tulasamma v. Gunnmella Pattabhi (died)

Case brief

What is this about?

What did the court decide?

Nidadavolu Rama Tulasamma v. Gunnmella Pattabhi (died)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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