Alapati Srinivas Kumar Vs Alapati Seetharavamma

ALAPATI SRINIVAS KUMAR, , S/O. LATE UMAMAHESWAR RAO, AGED ABOUT 52 YEARS, PRIVATE EMPLOYEE, R/O. FLAT NO.A2, ORANGE HOME IMPRESSION, RD. NO.86, JUBILEE HILLS, HYDERABAD.

¶11

...PETITIONER

¶12

AND

¶13

ALAPATI SEETHARAVAMMA, (DIED), W/O.LATE NARASIMHAIAH, HINDU, RESIDENT OF DHARANI KOTA, AMARAVATHI MANDAL, GUNTUR DISTRICT.

¶14

ALAPATI NAGESWARA RAO, (PLAINTIFFS), S/O LATE NARASIMHAIAH, HINDU, RESIDENT OF DHARANI KOTA, AMARAVATHI MANDAL, GUNTUR DISTRICT.

¶15

ALAPATI PRAMEELA RANI, (DL), W/O LATE UMAMAHESHWAR RAO, HINDU, INDRA APARTMENT, DASAVA HILLS, D. NO. 11-9-39, VISAKHAPATNAM-3

¶16

ALAPATI LAKSHMI PRASANNA, (D2), HINDU, INDIRA APARTMENT, DASAVA HILLS, D. NO. 11-9-39, VISAKHAPATNAM-3

¶17

ALAPATI PADMAJA, (D4), W/O LANKA RAMESH, HINDU, INDRA APARTMENT, DASAVA HILLS, D. NO. 11-9-39, VISAKHAPATNAM-3

¶18

ALAPATI SEETHARAMAIAH D5, , S/O LATE NARASIMHAIAH,

¶19

2

¶20

VS,J C.R.P.Nos.2316 & 2317 of 2024

¶21

HINDU, SAIPURAM COLONY, PLOT NO. 84, SAINIKPURI POST, SECUNDERABAD.

¶22

ABBURI RAJANI D6, , W/O SRINIVASA RAO, HINDU, R/O TULLUR MANDAL, GUNTUR DISTRICT.

¶23

...RESPONDENT(S):

¶24

Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to allow this revision and set aside the order dated 18-09-2024 passed in LA. No. 583/2024 in OS No. 314 of 2024 on the file of the II Additional District Sessions Judge, Guntur and Consequently allow the applications LA.583/2024 and pass

¶25

IA NO: 1 OF 2024

¶26

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 dispense with the filing of the certified copies of the docket order dated 18-092024, in LA. 583/2024 in O.S.314/2013 on the file of the II Additional District and sessions Judge, Guntur and pass

¶27

IA NO: 2 OF 2024

¶28

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 grant stay of all further proceedings in OS No.314 of 2013 on the file of the Court of the II Additional District and Sessions Judge Guntur, pending disposal of the above CRP and pass

¶29

IA NO: 1 OF 2025

¶30

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 extend the interim order, dated 03.10.2024 in CRP.N0.2316 OF 2024 and pass

¶31

Counsel for the Petitioner:

¶32

1.B VASANTHA LAKSHMI

¶33

Counsel for the Respondent(S):

¶34

3

¶35

VS,J C.R.P.Nos.2316 & 2317 of 2024

¶36

1.B VAMSI KRISHNA

¶37

2.NARESH BYRAPANENI

¶38

¶39

CIVIL REVISION PETITION NO: 2317 of 2024

¶40

Between:

¶41

ALAPATI SRINIVAS KUMAR, S/O. LATE UMAMAHESWAR RAO, AGED ABOUT 52 YEARS, PRIVATE EMPLOYEE, R/O. FLAT NO.A2, ORANGE HOME IMPRESSION, RD. NO.86, JUBILEE HILLS, HYDERABAD.

¶42

...PETITIONER

¶43

AND

¶44

ALAPATI SEETHARAVAMMA, (DIED), W/O.LATE NARASIMHAIAH, HINDU, RESIDENT OF DHARANI KOTA, AMARAVATHI MANDAL, GUNTUR DISTRICT.

¶45

ALAPATI NAGESWARA RAO PLAINTIFFS, S/O LATE NARASIMHAIAH, HINDU, RESIDENT OF DHARANI KOTA, AMARAVATHI MANDAL, GUNTUR DISTRICT.

¶46

ALAPATI PRAMEELA RANI D1, W/O LATE UMAMAHESHWAR RAO, HINDU, INDRA APARTMENT, DASAVA HILLS, D. NO. 11-9-39, VISAKHAPATNAM-3

¶47

ALAPATI LAKSHMI PRASAIMA D2, , HINDU, INDIRA APARTMENT, DASAVA HILLS, D. NO. 11-9-39, VISAKHAPATNAM-3 ALAPATI PADMAJA (D4), W/O LANKA RAMESH, HINDU, INDRA APARTMENT, DASAVA HILLS, D. NO. 11-9-39, VISAKHAPAMAM-3

¶48

ALAPATI PADMAJA D4, W/O LANKA RAMESH HINDU INDRA APARTMENT DASAVA HILLS D NO 11939 VISAKHAPAMAM

¶49

ALAPATI SEETHARAMAIAH D5, S/O LATE NARASIMHAIAH, HINDU, SAIPURAM COLONY, PLOT NO. 84, SAINIKPURI POST, SECUNDERABAD.

¶50

ABBURI RAJANI D6, , W/O SRINIVASA RAO, HINDU, R/O TULLUR MANDAL, GUNTUR DISTRICT.

¶51

4

¶52

VS,J C.R.P.Nos.2316 & 2317 of 2024

¶53

...RESPONDENT(S):

¶54

Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to allow this revision and set aside the order dated 18-09-2024 passed in I.A. No. 584/2024 in OS No. 314 of 2024 on the file of the II Additional District Sessions Judge, Guntur and Consequently allow the applications I.A.584/2024 and pass

¶55

IA NO: 1 OF 2024

¶56

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 dispense with the filing of the certified copies of the docket order dated 18-092024, in I.A. 584/2024 in O.S.314/2013 on the file of the II Additional District and sessions Judge, Guntur and pass

¶57

IA NO: 2 OF 2024

¶58

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 grant stay of all further proceedings in OS No.314 of 2013 on the file of the Court of the II Additional District and Sessions Judge Guntur, pending disposal of the above CRP and pass

¶59

IA NO: 1 OF 2025

¶60

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 extend the interim order, dated 03.10.2024 in CRP.N0.2317 OF 2024 and pass

¶61

Counsel for the Petitioner:

¶62

1.B VASANTHA LAKSHMI

¶63

Counsel for the Respondent(S):

¶64

1.B VAMSI KRISHNA

¶65

2.NARESH BYRAPANENI

¶66

¶67

The Court made the following:

¶68

5

¶69

VS,J C.R.P.Nos.2316 & 2317 of 2024

¶70

COMMON ORDER:

¶71

The present Civil Revision Petitions are filed under Article 227 of the Constitution of India challenging the orders dated 18.09.2024 passed in I.A.Nos.583 and 584 of 2024 in O.S.No.314 of 2013 on the file of II Additional District Sessions Judge, Guntur, whereby the trial court dismissed the said petitions filed for setting aside the ex-parte order and for reopening the suit respectively.

¶72

Brief facts of the case are as follows:

¶73

Originally, the 1^st and 2^nd respondent/ plaintiffs filed O.S.No.314 of

¶74

2013 on the file of II Additional District Sessions Judge, Guntur seeking partition of the plaint schedule property which was already done in the year 1982 followed by mutation of all the family members names in the Revenue records. While so, the 2^nd respondent/plaintiff obtained an ex-parte order as against the petitioner on 27.06.2014. As such the petitioner herein filed I.A.No.583 of 2024 to set aside the ex-parte order and I.A.No.584 of 2024 to reopen the suit. Both the applications have been dismissed by the Trial Court vide orders dated 18.07.2024 on the ground there is no representation at the time of reply arguments. Challenging which, the present revision petitions are preferred.

¶75

Heard Smt.B.Vasantha Lakshmi, learned counsel for the petitioner and Mr.Naresh Byrapaneni and Mr.B.Vamsi Krishna, learned counsels for the respondents.

¶76

6

¶77

VS,J C.R.P.Nos.2316 & 2317 of 2024

¶78

It is the case of the petitioner that he was not aware of O.S.No.314 of 2023 until 12.04.2024 as he is residing in Hyderabad, State of Telangana and was not served proper notice in the said suit. It is also the case of the petitioner that the 2^nd respondent/plaintiff obtained service of summons through substituted service by publication in a newspaper with limited circulation leading to ex-parte order on 27.06.2014. Upon knowing about the said proceedings, the petitioner filed I.A.No.583 of 2024 under Order IX Rule 7 C.P.C to set aside the ex-parte order and I.A.No.584 of 2024 under section 151 C.P.C to reopen the matter for adducing evidence. Arguments were heard on the both sides but the Trial Court dismissed the applications on 18.09.2024 on the ground that there is no representation on behalf of the petitioner/ 3^rd defendant during reply arguments and posted the suit for judgment on 24.09.2024.

¶79

When the matter listed for hearing, on 03.10.2024 this Court passed the following interim order:

¶80

“….there shall be stay of all further proceedings

¶81

in O.S.No.314 of 2013 on the file of the II Additional District and Sessions Judge, Guntur, for a period of six weeks.”

¶82

Thereafter, the said interim order has been extended from time to time.

¶83

On a perusal of the daily status report of the trial Court, it was mentioned that counter affidavits in I.A.No.584 of 2024 were filed by the 2^nd and 7^th respondents herein and the matter was directed to be posted to

¶84

7

¶85

VS,J C.R.P.Nos.2316 & 2317 of 2024

¶86

02.07.2024 for enquiry. Subsequently, the counsel for the petitioner was also heard and for hearing all the respondents the case was posted to 20.08.2024. On 18.09.2024 both the parties were called absent and it is recorded by the Trial Court that though the petitioner availed several opportunities, failed to submit reply arguments. It shows that the petitioner has no interest to prosecute the case.

¶87

Admittedly the arguments of the petitioner’s counsel were heard on 07.08.2024 itself. Only on the sole ground that no reply arguments were submitted by the petitioner, on 18.09.2024 the petitions were dismissed. When the petitioner has submitted his arguments, the Court ought to have passed order basing on the arguments submitted by the petitioner and the counter affidavits filed by the 2^nd and 7^th respondents herein instead of dismissing the applications filed by the petitioner herein on the sole ground that no reply arguments have been submitted by the petitioner.

¶88

In view of the same, this Court finds that the orders dated 18.09.2024 passed in I.A.Nos.583 and 584 of 2024 in O.S.No.314 of 2013 on the file of II Additional District Sessions Judge, Guntur, are liable to be set aside.

¶89

Accordingly, both the Civil Revision Petitions are allowed, setting aside

¶90

the orders dated 18.09.2024 passed in I.A.Nos.583 and 584 of 2024 in O.S.No.314 of 2013 on the file of II Additional District Sessions Judge, Guntur and the matter is remitted back to the trial Court for disposal of I.A.Nos.583 and 584 of 2024 afresh in accordance with law. The trial Court is also directed to conclude the trial as expeditiously as possible preferably within a period of

¶91

8

¶92

VS,J C.R.P.Nos.2316 & 2317 of 2024

¶93

two (2) months from the date of receipt of a copy of this order, as the suit is of the year 2013. There shall be no order as to costs.

¶94

Consequently, Miscellaneous Petitions, if any, pending shall stand

¶95

closed.

¶96

______________________ JUSTICE V.SUJATHA