Janaki Ramaiah Mallipeddi, Vs Ms. Sunaina Balaramaiah Mallipeddi

JANAKI RAMAIAH MALLIPEDDI,, S/O SESHAIAH, AGED ABOUT 75 YEARS, RETD. GOVERNMENT DEGREE COLLEGE LECTURER, RESIDENT OF DOOR NO. TF-1, GREEN CITIES CLASSIC, 5/1 CHANDRAMOULINAGAR, GUNTUR, GUNTUR DISTRICT, A.P.

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VENKATA KRISHNAIAH MALLIPEDDI,, S/O SESHAIAH AGED ABOUT 64 YEARS. EASTERN HERITAGE APARTMENTS, ROSE GARDEN, 5TH PHASE, JP NAGAR, BANGALORE-560078 - KARNATAKA STATE, PRESENTLY RESIDENT OF 304-B.K. APARTMENTS, B-BLOCK, NEAR D-MART, TRUNK ROAD, ONGOLE.

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...PETITIONER(S)

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AND

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MS SUNAINA BALARAMAIAH MALLIPEDDI, D/O LATE MALLIPEDDI BALARAMAIAH AGED ABOUT 29 YEARS, R/O PREM SAGAR RAO, 52 SHIRAZ APTS., TELLI GALLI, ANDHERI EAST, OPP.CITY POINT, MUMBAI-400069

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MRS ARUNA MALLIPEDDI, W/O LATE MALLIPEDDI BALARAMAIAH, AGED ABOUT 60 YEARS, R/O PREM SAGAR RAO, 52 SHIRAZ APTS. TELLI GALLI, ANDHERI EAST, OPP.CITY POINT, MUMBAI400069

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...RESPONDENT(S):

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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

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pleased topleased to set aside the Docket Order dated 22-07-2025 made in LA. No.693 of 2023 in O.S. No. 39 of 2021, on the file of the Court of Principal District Judge, Ongole and pass

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IA 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 pleased to stay the further proceedings in O.S.No. 39 of 2021 on the file of the Principal District Judge, Ongole, pending disposal of the above Civil Revision Petition and pass

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Counsel for the Petitioner(S):

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1.N SRIRAM MURTHY

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Counsel for the Respondent(S):

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1.SINGAMSETTY V.M. SANKAR

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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CIVIL REVISION PETITION NO: 3315/2025

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ORDER:-

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The Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the docket order dated 22.07.2025 passed in I.A.No.693 of 2023 in O.S.No.39 of 2021 filed under Order 14 Rule 5(1) and Section 151 of Code of Civil Procedure (CPC) on the file of the Court of Principal District Judge, Ongole.

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Heard the learned counsel for the petitioners and the learned counsel for the respondents.

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The petitioners herein are defendants and the respondents herein are plaintiffs in the suit. For the sake of convenience of the Court, the parties herein are referred as arrayed in the suit before the trial court.

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Learned counsel for the petitioners/defendants submits that the defendants filed an interlocutory application i.e., I.A.No.693 of 2023 under Order 14 Rule 5(1) and Section 151 of CPC praying for framing of additional issues as enumerated in the petition of I.A.No.693 of 2023 basing upon the pleadings stated in the written statement of the defendants. The case of the petitioners herein/defendants is that the said interlocutory application was heard in part on 07.07.2025. On 22.07.2025 the trial Court came to be passed the impugned docket order, which is as under:

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“Neither party nor his counsel called present. No representation since long time. Hence, this petition is dismissed.”

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Learned counsel for the petitioners further submits that even though the counsel for the petitioners explained the reasons for non-representation on particular day is due to marriage, but the trial Court dismissed the interlocutory application of the petitioners vide docket order dated 22.07.2025 without assigning any reasons. Hence, the Civil Revision Petition.

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On the other hand, learned counsel for the respondents submits that since the order of the trial Court is not on merits and it is on technical grounds, the petitioners would have an opportunity to file a petition seeking to set aside the order of the trial Court dated 22.07.2025. But without availing the same, the petitioners directly instituted the present Civil Revision Petition under Article 227 of the Constitution of India invoking extraordinary jurisdiction of this Court is not maintainable and liable to be dismissed.

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Heard both the learned counsel and perused the material placed on record. Admittedly, the petitioners herein filed an interlocutory application for framing for additional issues under Order 14 Rule 5(1) of CPC. On perusal of the docket order dated 07.07.2025, which is specifically indicating that learned counsel for the petitioners was heard in part and posted the matter for continuation of the hearing on 22.07.2025. The trial Court on 22.07.2025 dismissed the interlocutory application on the ground that there is no representation either by the petitioners in person or by learned counsel for the petitioners is certainly excessive and unreasonable, without any another opportunity. It seems that the trial Court hastily dismissed the interlocutor application without providing one more opportunity to the petitioner. It is

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settled law any petition or claim between the parties should be resolved on merits is better resolution of the dispute rather than depending upon the technicalities. In the case in hand, the trial Court proceeded further basing upon the technicality that once the matter posted for further hearing, no representation cannot be happened. Accordingly, the trial Court proceeded further and dismissed the interlocutory application. Due to which, the further proceedings more particularly the civil revision petition was invited. If the trial Court would have been intended to decide the petition on merits this proceedings and this length of time can be avoided.

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In view of the reasons stated above, the impugned docket order dated 22.07.2025 is hereby set aside and I.A.No.693 of 2023 in O.S.No.39 of 2021 on the file of the Court of Principal District Judge, Ongole is restored. The trial Court is also directed to dispose of the same on merits, after hearing both the parties afresh at the earliest possible, not later than three(3) months from the date of restoration of the I.A.No.693 of 2023.

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