Director General of Post Offices Vs Penaka Bujji Reddy

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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CIVIL REVISION PETITION NO: 72 OF 2025

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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 set-a-side the impugned endorsement dated 02.01.2025in AS CF No.9088/24 and direct the appellate court to entertain the appeal filed by these petitioners against the orders dated 07-12-2022 in I.A No.9 OF 2014 in O.S. No. 272 OF 2004 on the file of the I Additional Senior Civil Judge, SPSR Nellore at Nellore.

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Between:

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Director General Of Post Offices, New Delhi.

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Chief Postmaster General, Abids Centre, Hyderabad. (Now at Krishna Lanka, Vijayawada-520 013).

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The Superintendent of Post Offices, Nellore.

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...PETITIONER/J.Drs

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AND

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Penaka Bujji Reddy, S/o Kesavulu Reddy, Hindu aged 64 years. Residing at Akkanavari Street, Fathekhanpeta, Nellore town-3

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...Respondents / D.Hrs

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lA NO: 1 OF 2025

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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 pursuant to^docket order dated 14.11.2024 in EP No.62 of 2023 on the file of the I Additional Senior Civil Judge , SPSR Nellore at: Nellore.

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Counsel for the Petitioner :SRI. PASALA PONNA RAO,^DEPUTY SOLICITOR GENERAL OF INDIA

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Counsel for the Respondents: -

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The Court made the following: ORDER

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APHC010015642025

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

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[3311]

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FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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niVII REVISION PETITION NO: 72/2025

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Between;

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Director General Of Post Offices and Others

...PETITIONER(S)

AND

Penaka Bujji Reddy

...RESPONDENT

Counsel for the Petitioner{S);

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I.Pasala Ponna Rao, Deputy Solicitor General of India

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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 revision petition is filed under Article 227 of^{theConstitution} of in ASCR.No.9088 of 2024 on the file >■ India against the order dated 02.01.2025 in of the Court of the Principal District Judge and Sessions Judge, Nellore directing return of the file giving 7 days time for^{resubmissionwith} legal maintainability with the objections that in view of provision, if any, about the the Section 97 of CPC, appeal against the preliminary decree after^passing the final decree is not maintainable.

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<br>

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2

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BS6} C.R.P.No.72 of2025

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A reading of the impugned order indicates that when the matter was called on bench, there was no representation for both the parties. Hence, said appeal was returned. 3. Instead of representing the appeal with answer to the objection, this revision petition was filed, contending that the objection is not maintainable. As can be seen from the impugned order, it was not the final decision of the Court as the appeal was not heard. Therefore, the appellate Court directed only for return of the appeal, still keeping open to the appellant to answer the objection.

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As such, the revision petition is disposed of directing the revision petitioners to represent the appeal before the appellate Court answering the objection and if necessary, with a request to call the matter before bench and thereafter make submissions before the bench to enable the bench to pass an order on merit about the maintainability after hearing the appellant, No order as to costs.

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Miscellaneous petitions, if any, pending shall stand closed, and interlocutory orders, if any, pending shall stand vacated.

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Sd/- U SRIDEVI ASSISTANT REGISTRAR

//TRUE COPY//

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