L. Dasaratha Naidu Vs S. Raja Reddy

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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY

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C.R.P.No.32 of 2010

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Date : 23-1-2012

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Between: L. Dasaratha Naidu .. Petitioner And S. Raja Reddy .. Respondent

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Counsel for petitioner : Sri P.V. Vidyasagar Counsel for respondent : --

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The Court made the following:

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ORDER:

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This Civil Revision Petition arises out of order dated 16-92009 in C.M.A.No.13/2006 on the file of the learned District Judge, Chittoor, confirming order dated 19-4-2005 in I.A.No.654/2003 in O.S.No.28/2003 on the file of the learned Additional Senior Civil Judge, Chittoor.

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The case came up for service of notice on the respondent as many as four times prior to 16-12-2011. On the last date of posting i.e., on 16-12-2011, while granting three weeks’ time finally for service of notice on the respondent by way of substituted service by publishing the same in Andhra Jyothi Telugu Newspaper and filing proof of service, this Court has ordered that in the event of failure to comply with the said direction, the revision stands dismissed.

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At the hearing, Sri P.V. Vidyasagar, learned counsel for the petitioner, stated that even though he has informed the counsel for the petitioner appearing in the lower Court, so far he has no instructions on the publication of notice. He therefore requested for an adjournment.

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In my opinion, the order dated 16-12-2011 is self-operative. It is inbuilt in the said order that in default of complying with the condition of publication, the revision stands dismissed. Therefore, I have no option except to declare that the Civil Revision Petition stood dismissed as the petitioner failed to comply with the condition stipulated in the order dated 16-12-2011.

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As a sequel, C.R.P.M.P.No.65/2010 is disposed of as

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infructuous.

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Justice C.V. Nagarjuna Reddy

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Date : 23-1-2012

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AM

L. Dasaratha Naidu v. S. Raja Reddy

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L. Dasaratha Naidu v. S. Raja Reddy

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