Sk. Jabina @ Sd. Jabina Vs Sd. Allauiddin

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CIVIL REVISION PETITION NO: 2615 OF 2024

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Petition under Article 227 of the Constitution of India, Civil Revision petition in not numbering and disposing of the I.A.C.F^{No.2560of2024in} O.S.No.123 of 2021 on the file of the Junior Civil Judge (Junior Division) Sullurpeta

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Between:

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SK. Jabina @ SD. Jabina, W/o Sd.Allauiddin, aged about 32 years, R/o Thupulipalem village, Vakadu Mandal, Tirupathi District.

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...PETITIONER

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AND

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SD. Allauiddin, S/o Khadhar Basha, aged about 35 years^R/o Mannarpolure village, Sullurpet Mandal, Tirupathi District.

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...RESPONDENT

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Counsel for the Petitioner: SRI. P GANGA RAMI REDDY

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Counsel for the Respondents: --

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The Court made the following Order:

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APHC010457122024

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

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[3327]

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THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CIVIL REVISION PETITION NO. 2615 OF 2024

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Between:

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1.SK. JABINA @ SD. JABINA, W/0 SD.ALLAUIDDIN, AGED^ABOUT32 YEARS, R/0 THUPULIPALEM VILLAGE, VAKADU MANDAL, TIRUPATHI DISTRICT.

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...PETITIONER

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AND

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1.SD ALLAUIDDIN, S/o Khadhar Basha, aged about 35 years R/o Mannarpolure village, Sullurpet Mandal, Tirupathi District.

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...RESPONDENT

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Counsel for the Petitioner:

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1.PGANGARAMI REDDY

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Counsel for the Respondent:

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The Court made the following:

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ORDER:

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This Civil Revision Petition has been filed seeking a direction to the learned Principal Civil Judge (Junior Division) at Sullurpeta, SPSR Nellore

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w

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2

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District, to number IAC.F.No.2560 of 2024 in O.S.No.123 of 2021 and disposed of the same.

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By judgment dated 20.06.2024 in O.S.No.123 of 2021, the learned Principal Civil Judge (Junior Division), Sullurpeta decreed the suit in favour of the respondent/plaintiff and against the petitioner/defendant, dissolving marriage between the plaintiff and the defendant which was performed on 16.08.2020. Thereafter, the petitioner herein/defendant filed I.A.in C.F.No.2560 of 2024, in O.S.No.123 of 2021 for condoning the delay of 31 days in filing the petition for setting aside the ex parte decree passed on 20.06.2024, and further to permit her to contest the suit, Learned counsel appearing on behalf of the petitioner submits that the Court below is not numbering or entertaining the said I.A. for the reasons best known to it and aggrieved by the said inaction, the petitioner has filed the present Civil Revision Petition.

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It is pertinent to mention here that when an I.A. is filed, the same has to be entertained by the Court below and appropriate order on merits has to be passed. Without assigning any reasons, the Court below simply cannot sit over on or reject the I.A. in O.S.No.123 of 2021.

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In view of the above facts and circumstances, the learned Principal Civil Judge (Junior Division), Sullurpeta is directed to take the I.A.C.F.No.2560 of 2024 in O.S.No.123 of 2021 on file and pass appropriate orders on merits, in accordance with law, as expeditiously as possible.

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