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2025 DAILYLAW 13459 (AP)

C M NAGARAJU, ANANTHAPURAM DIST v. A SAVITHRAMMA, ANANTHAPURAM DIST & 9 OTHERS

CRP/3270/2017 · 2025-02-21

T C D Sekhar

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010163312017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 3270/2017 Between: C M Nagaraju, Ananthapuram Dist ...PETITIONER AND A Savithramma Ananthapuram Dist 9 Others and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. VIRUPAKSHA DATTATREYA GOUDA 2 The Court made the following: ORDER: The present revision is filed aggrieved by the order dt.28.03.2017 passed in I.A.No.58 of 2017 in O.S.No.47 of 2011, on the file of the Senior Civil Judge, Hindupur. 2. The petitioner in the present revision is the 2nd defendant in the said suit. The 1st respondent-plaintiff filed the said suit for partition against the petitioner herein and respondent Nos.2 to 10 therein. Pending the suit, the plaintiff filed I.A.No.58 of 2017 under Order 23, Rule 1 (3) of Civil Procedure Code seeking permission of the Court to withdraw the suit with liberty to file a fresh suit. Upon hearing the parties, the Trial Court allowed the application which is being impugned in the present Revision Petition. 3. At the time of hearing the matter, the counsel for the respondents brought to the notice of this Court that after withdrawing the suit in O.S.No.47 of 2011 on the file of the Senior Civil Judge, Hindupur, the 1st respondent- plaintiff preferred another suit in O.S.No.15 of 2017 on the file of II Additional District Judge, Hindupur, against the petitioner and the other respondents. The said suit was decreed by judgment and decree dated 29.12.2023. 4. The said submission is placed on record. In view of the same, nothing survives to be adjudicated in the instant revision and accordingly the Civil Revision Petition is dismissed as infructuous. 3 There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date: 21st February, 2025 RKS