Allowed

Jampana Srikanth v. Jampana Naga Poojitha @ Marredu Naga Poojitha

Andhra Pradesh HC11 Nov 2024CRP/562/2024

Case brief

AI extract

What is this about?

The single judge allowed a civil revision petition under Article 227 challenging an ex facie improper order passed against the respondent in the absence of her counsel. Finding the impugned order devoid of reasons despite a detailed counter, the court set it aside and remanded the matter to the trial court.

What did the court decide?

Impugned order dated 07.02.2024 set aside; matter remanded to trial court to hear both parties afresh and pass order on merits.

Jampana Srikanth Vs Jampana Naga… — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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TUESDAY ,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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CIVIL REVISION PETITION NO: 562 OF 2024

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Petition under Article 227 of Constitution of India aggrieved by the order dated 07.02.2024 in I.A.No.688 of 2023 in F.C.O.P.No.949 of 2021 on the file of the Court of the Judge, Family Court - cum - XIV Additional District Judge, Vijayawada, Krishna District.

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Between:

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Jampana Srikanth, S/o.Kondala Rao, Aged about 34 years, Occ. Advocate, R/0.D.N0.7-1/B1/F4, Sobhagya Nagar, Vuyyur Mandal, Krishna District.

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...Petitioner/Respondent/Plaintiff

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AND

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Jampana Naga Poojitha @ Marredu Naga Poojitha, W/o.Srikanth, Aged about 33 years, Occ. Housewife, R/o.Flat No.TF404, 3rd Floor, Niladrinilayam, Rajarshi Nagar, Vuyyuru, Krishna District.

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...Respondent/Petitioner/Defendant

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be

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pleased to grant stay of all further proceedings pursuant to F.C.O.P.No.949/2021 on the file of Judge, Additional Family Court-cumXIV Additional District Judge at Vijayawada.

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Counsel for the Petitioner: SRI B.V. ANJANEYULU

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Counsel for the Respondent: NONE APPEARED

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The Court made the following:

APHC010120122024

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

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[3311]

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TUESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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CIVIL REVISION PETITION NO: 562/2024

Between:

Jampana Srikanth

...PETITIONER

AND

Jampana Naga Poojitha ©Marredu Naga Poojitha ...RESPONDENT

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Counsel for the Petitioner:

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1.B VANJANEYULU

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Counsel for the Respondent:

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The Court made the following Order:

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This Civil Revision Petition is filed under Article 227 of Constitution of India against order dated 07.02.2024 passed in I.A.No.688/2023 in F.C.O.P.No.949/2021 on the file of the Judge, Additional Family Court-cumXIV Additional District Judge at Vijayawada, filed^{underOrderIX,Rule13} r/w Section 151 C.P.C.

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In spite of service of notice on the counsel for the respondent herein before the trial Court, no appearance has been made.

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Heard the learned counsel for the petitioner.

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CRP.No.562 of 2024 Dt.12.11.2024

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It is contended by the petitioner that the trial Court erroneously allowed the petition without considering the objections^raised in the counter and passed a cryptic order as below;

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“Counter filed. Costs not paid as Petitioner is not present. Hence Petition is allowed. Ex-party (sic Ex-parte) order^{dt.23.01.2023} against the respondent is set-aside.”

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Since the above order is devoid of reasons in spite^{ofdetailedcounter} filed by the revision petitioner, the order is ex facie improper and is liable to be set aside.

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In the result, the civil revision petition is allowed. Impugned order dated 07.02.2024 is set aside and the matter is remanded to the trial Court to hear both parties afresh and pass order on merits.

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There shall be no order as to costs.

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Miscellaneous petitions, if any, shall stand closed.

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SD/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To,

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Judge, Family Court - cum - XIV Additional District Judge, Vijayawada Krishna District.

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One CC to Sri B V Anjaneyulu, Advocate [OPUC]

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Three CD Copies

sree

HIGH COURT

DATED:12/11/2024

ORDER

CRP.No.562 of 2024

X 2 6 NOV 20?'t m!
O
^ . Current Section ^ M

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ALLOWING THE C.R.P. WITHOUT COSTS

Jampana Srikanth v. Jampana Naga Poojitha @ Marredu Naga Poojitha

Case brief

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Jampana Srikanth v. Jampana Naga Poojitha @ Marredu Naga Poojitha

Case brief

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