Andhra Pradesh High Court - Amravati
Andhra Evangelical Lutheran Church, vs Most.Rt.Rev.K.F.Paradesi Babu on 4 April, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
CIVIL REVISION PETITION No.553 of 2024
Dated 02.04.2024
Between:-
Makki Yasodamma(died) & 10 others .... Petitioners
And
S. Vijaya Bhaskar Reddy & 4 others .... Respondents
Counsel for the Petitioners : M/s. MRK Chakravarthy
Counsel for the Respondents : ----
ORDER:
Heard learned counsel for the petitioners.
2. The present Civil Revision Petition is filed aggrieved by the return Endorsement dated 18.11.2023 on CF.No.8626 of 2023 in L.A.O.P No.20 of 2009 on the file of I Addl. Senior Civil Judge, Nellore.
3. The learned counsel for the petitioners made submissions with reference to the circumstances under which the I.A to re-open L.A.O.P No.20 of 2009 was filed. Though the learned counsel for the petitioners tried to impress upon this court stating the facts with reference to the I.A, the material on record would disclose that the learned Senior Civil Judge had returned the I.A with certain objections on different 2 dates. Suffice to mention that after returning the I.A on 09.10.2023, it would appear that the petitioners have re- presented the same by complying with the objections on the same day and thereafter, the papers submitted by the petitioners was again returned on 18.11.2023 with the following Endorsement:-
"This court passed order in above LAOP on 13/03/2012 after the result of the Second Appeal 627/2007 the LAOP will be proceeded and title will be decided hence pending disposal Second Appeal how the petition is maintainable to be stated if second appeal is disposed and file order copy.
Time 7 days."
4. The learned counsel for the petitioners with reference to the said rejection Endorsement submits that the learned I Addl. Senior Civil Judge instead of appreciating the compliance of objections made in detail on 09.10.2023 is not justified in returning the I.A again by an Endorsement dated 18.11.2023. He submits that in view of the repeated returns of the I.A without considering compliance of objections of the petitioners, there is no other remedy. Therefore, the present Civil Revision Petition under Article 227 of the Constitution of India has been filed.
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5. This Court has considered the submissions made. As seen from the material on record it is no doubt true that the learned I Addl. Senior Civil Judge returned the I.A with certain objections and petitioners have re-presented the same by explaining circumstances under which the I.A has been preferred. However, at the time of re-submission even on 09.10.2023 no request has been made for passing of orders in the event, the court is not satisfied with the compliance of objections. The petitioners, in the considered opinion of this court, could have requested the learned Judge to pass orders. Instead of adopting such course of action, after return dated 18.11.2023, the present Civil Revision Petition has been filed straight-away.
6. As there is no order, this Court is not inclined to entertain the civil revision petition. However, the petitioners are at liberty to re-present the I.A by complying with the objections and seek orders. In the event, the petitioners adopt such course of action, the learned I Addl. Senior Civil Judge, Nellore., shall pass appropriate orders after giving an opportunity of hearing to the petitioners, as expeditiously as 4 possible. The Registry is directed to return the original documents/material filed along with the present Civil Revision Petition to enable the petitioners to re-present the same in the Court of the I Addl. Senior Civil Judge, Nellore.
Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed.
_______________________ JUSTICE NINALA JAYASURYA Date: 02.04.2024 GVK 5 17 THE HON'BLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION No.553 of 2024 Date: 02.04.2024 GVK