Sri Chinthalapani Narayana Reddy Vs Chinthalapani Surender Reddy

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[³¹⁶⁸¹

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IN THE HIGH COURT FOR TH STATE OF TELANGANA AT HYDER BAD

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FRIDAY,THE FOUR DAY OF JULY TWO THOUSAND AN TWENTY FIVE

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PRESE T

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THE HONOURABLE SRI J TICE K.LAKSHMAN

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CIVIL REVISION PETITIO NO:2131 OF2025

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Petition under Arlicle 227 of the const tion of lndia against the Order dated 16.04.2025 Passed in CMA SR No.392 of 2025 on the file of the Court of The Principal District Judge, Karimnagar

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Between:

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Sri Chinthalapani Narayana Reddy, S/o. te Venkat Reddy, Age 68 years, Occ Agriculture, R/o. Utoor Village of Manakon ur Mandal of Karimnagar District

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...PETITIONER/PLAINTIFF

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AND

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Chinthalapani Surender Reddy, S/o. La Ratna Reddy, Age About 37 years, Occ Agriculture, R/o. Utoor Village of M nakondur Mandal of Karimnagar District

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The Tahsildar, Manakondur Mandal

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The District Collector, Karimnagar.

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...RESPONDENTS/DEFENOANTS

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Counsel for the Petitioner: SRI NITISH KAR OR REPRESENTING SRI K MOHAN

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Counsel for the Respondents:

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The Court made the following: ORDER

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THE HON'BLE SRI JIJSTTCE K. LAKSHMAN

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CIVIL REVISION PE-II'IION No.2l31 of 21t25

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ORAL ORDF]R:

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Heard Sri Nitish Karoor, learned counsel rcpresenting Sri K.Mohan,, learned counsel tbr the petitioner.

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This Civil Revision Petition is filed under Aflicle 221 of the Constitution of India aggrieved by the action of the Principal District Judge, Karirnnagar, ln not receiving the appeal Iiled by the petitioner by complying with the objections ln dated 16.04.2025 raisod by the appellate Court C.M.A.SR.No.392 of 2025.

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Petitioner has filed a suit in O.S.No.444 o[ 2023 on the file of tI Additional Junior Civil Judge-cum-[I Additional Judicial Magistrate of the First Class, Karimnagar, against the respondents seeking declalation of title and perpetual injunction. The said suit was dismissed for rlcfault on

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03.12.2024. Tlrerefore, the petitioner filed an application under Order IX Rule 9 read rvith Section l5l of Code ol'Civil

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2 IiI- J C.R.P.No.213l ot²⁰²⁵

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Procedure, 1908 to restore th said suit to its original^position by setting aside the dismissal rder dated 03.12.2024. By order dated 17.03.2025, learned II Additional Junior Civil Judgccurn-ll Additional Judicial Magistrate of First Class, Karirnnagar, dismissed the sar application

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Feeling aggrieved and issatisfied with the said ordcr, petitioner herein preferted an ppeal under Order XLIII Rulc^I of CPC before the appellate ourt i.e. the Principal^District Judge, Karimnagar. The^s e was returned on^I 6.04.2025

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with the lollowing objections:

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"i) C.C. oldecree not filed.

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ii) Courr t'ee not paid on Cou ordcr iii) Counset for the appellant not signed on each^page of CMA.

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iv) The appellant filed the MA against the dismissal order u/o - 9 Rule 9 of^C C, there is no CMA^lies against the said order u/o.43 ule I of CPC, hence^how the CMA is entertainable.

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Hence, may be returne

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According to the Pettti ner, he has complied with the objections raised by the^{aPPelate Court i.e., Objcction Nos.l,}

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KLJ C R.l' \D 2l3l of2O25

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2 and3. With regard to Objection No.4 i.e., maintainability of the appeal, he lias submitted that the appeal is rnaintainable in terms of Order Xl-lll Rulc t of CI'}C by complying with the said objections. When petitioner's counscl tried to re-submit the bundle, thc appellate Court is not receiving. Therefore, taking the said specific grouncl, thc petitioner filed the present Civil Revision Petition.

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Perusal of record would rcveat that appellate Couft returned the said bundle with the aforesaid objections including the objection of maintainability of appeal itself.

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As discussed .supro, petitioncr preferred an appeal under Order XLIII Rule I of CPC challenging the older dated 11.03.2025 in I.A.No.524 of 2024 in O.S.No.444 of 2023 through which lcamed trial Court dismissed the application filed by the petitioner under Order IX Rule 9 of CPC to restore the suit to its original position by sctting aside the order dated 03.12.2024 disrnissing the suit fol default

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KL, J CRPNo2t3lof2025

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In thc light of the same, it is relevant to extract Order

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XLIII Rule I of CPC:

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,.ORDER XLIII _ AP als from Orders

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Rulc l: Appeals fronr rdcrs

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An appcal shall tie fi m the following orders under the plovisions of ection 104, namely:

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(a) an order undcr Rulc [0 of Order VII returning a plaint to be prcscnted o the proper Courl except where the proccdure s ecified in Rule l0-A of Order VII has been follo ed;

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(c) an ordcl undcl Rule of Order IX rejecting an application (in a case o n to appeal) lor an order to set aside the dismissal of a suit;

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(r1) an order under Rule l3 of Order tX rejecting an application (in a cas open to appeal) for an ordel to sct aside a decr passed ex parte;

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(lJ an order under Rulc 2 of Order XI;

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(l) an oldcr undcr Rule 34 of Order XXI on an objection to thc draft f a docurnent or ol an endorsement;

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fi)^{an order under Rulc} 72 or Rule 92 of Order XXI setting aside or rctu ing to set aside a sale;

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fic)^{an older rejectinga} application made under sub-nrle ( l) of Rute 106 of Ordcr XXI, provided that an ordcr on the orig al application, that is to say. tht: application relc to in sub-rule⁽ l) of Rulc 105 of that Order is pealable;

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(/r) an older undcl Rule of Older XXll refusing to set aside the abatemen or dismissal of a suit;

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5

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Iit-. J ( l? o No 2l3l ol2025

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(/) an order under Rule l0 ol-Order XXII giving or refusing to give leave;

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(n) an order under Rulc 2 ol Order XXV re.jecting an application (in a crse opcn to appeal) lbr an order to set aside the dismissal of a suit:

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Qta)^{an order under llule 5 or Rulc 7 of'Order} XXXIII rejecting an application tbr permission tcr sue as an indigcnt person;

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(p) orders in interpleader-su it undcr Rule i, Rule 4 or Rule 6 of Ordel XXXV;

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(q) an order undcr Rule 2, Rute 3 or Rulc 6 olOrder XXXVIII;

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(r) an order under Rule l, Rule 2, Itule 2-A, I{ute 4 or Rule l0 of Order XXXIX;

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(s) an order under Rulc I or Rule 4 ol-Order XL.;

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(t) an order ol retLrsal uncler Rule l9 ol Order XLI to readmit, or under ltule 2 t of Order Xt.l to rehear, an appeal;

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(a) an order under Rule 23 or Ru[e 2i-A o1- Order XLI remanding a casc, where an appeal would lie liom the decree ol- the Appellate Court;

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(w) an order under l{ule 4 o1 Order XL/ll granting an application Ibr leview."

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It says an order under IX Rule 9 of C.P.C., rejecting an

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application (in a case open to appeal) fbr an order to set aside

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the dismissal of the suit is appealable in terms o1'Order XLIII

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J

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6 KL, J cRPNo.2l31oa2025

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.+

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Rule I oi CPC.^{Therefore, the a} pellatc Court has to^entertain the said appeal,^{if the sarne is ot} rwise in order.

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Perusal of^{thc objcctions} aised by the aPPellate^Court ourl retumed the^saidbundle would reveal that^{the aPPellate} on 16.04.2025^{with the aforcsai} four objections.^{In the said} objcctions, there^{is no menttotl} at petitioner^{has to resubmit} the bundte within^{a sPecific} P riod by complying^withthe objections raised^{by th.e appellat} Court

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1 1. It is the specilic^{casco[ th} petitioner that when^{he tried} to re-submit the^{bundlc bY co} plying with the objections raised by the aPPellate^Court,t e appellate Court^{refused to} receive the bundle.^{Thus aPP} llate Court can't^{retum the} bundle without receiving^{it. If} e petitioner failed^{to comPlY} with the objections^{raised bY it,} t has to^{pass a reasoned order} specifying the^{reason to} Petitlo er for returning and^{that the} petitioner failed to re-submit^the bundle by complying^{with the} objections. It can't^{refuseto rece} ve the bundle.

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KL, J C.R t' \o²¹³ I^of 2025

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In the light of the aforesaid^{discussion,the Civil} Revision Petition is disposed of^{directingthe PrincipalDistrict} Judge, Karimnagar, to receive the appeal^{bundle subrnittedby} the petitioner by complying rvith^{the objections raised by it} including maintainability of the appeal^{i1'thesameis otherwise} in order, number it, entertain^{it and} dispose^{of it, in accordance} with law.

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