SWARNA BHAVANI CHARAN PRASAD v. KARETI NAGALAKSHMI
CRP/997/2025 · 2025-06-19
Tarlada Rajasekhar Rao
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15193 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15193 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI^€^ FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE <5: P C> PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION NO: 997 OF 2025 Petition under Article 227 of the Constitution of India, allow the civil revision petitioner by setting aside the Docket Order dated 25-02-2025 passed in I.A. No. 822 of 2019 in O.S. No. 30 of 2015 passed on the file of Hon'ble Additional Civil Judge (Senior Division), Ongole. Between: Swarna Bhavani Charan Prasad, S/o. Late Khannaiah, Aged 51 years. Asst Professor at Devineni Venkata Ramana and Dr. Hima Sekhar MIC College of Technology, resident of Kanchikcherla Village and Mandal Krishna District. ...Petitioner/Respondent No.2/Defendant No.2 AND
1. Kareti Nagalakshmi, W/o.Mallikarjuna Rao, Occ. House Wife, age.33 years, R/o. Door No 20-1-140, Mangalipalem, Bandlamitta Ongole - 523 002, Prakasam District, Andhra Pradesh.
2. Thripuram Varalakshmi, W/o. Kareti Srinivasulu, Aged 34 years. Private Teacher R/o. Door No 20-1-20, Bandlamitta Ongole-523 002, Prakasam District, Andhra Pradesh. ...Respondents No.1 & 2/Petitioners/Plaintiffs Kandula Suguna, W/o. Krishna, aged 53 years. Business, R/o Ram Nagar, Perala, Chirala DMC Prakasam District, Andhra Pradesh.
3. ...Not Necessary party/Respondent No.1/Defendant No.1 lA NO: 1 OF 2025 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 to grant stay of all further proceedings in O.S. No. 30 of 2015 on the file of Hon’ble Additional Civil Judge (Senior Division), Ongole. Counsel for the Petitioner: SRI. CHILUKURI KARTHIK Counsel for the Respondent Nos.1 & 2: SRI KAUSHIK KUMBHAJADALA Counsel for the Respondent No.3: — The Court made the following ORDER:
4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL REVISION PETITION No. 997 of 2025
ORDER: The present Civil Revision Petition under Article 227 of Constitution of India is filed' assailing the docket order dated 25.02.2025 passed in I.A. No. 822 of 2019 in O.S. No. 30 of 2015 on the file of Additional Civil Judge Senior Division, Ongole.
2. The suit filed by the respondent /plaintiff was dismissed for default on 19.08.2019. Thereafter, the respondent/plaintiff filed lA. No. 822 of 2019 to set aside the default
order dated
19.08.2019. The defendant in the suit is revision petitioner herein has consented before the trial court unconditionally to set aside the default order dated 19.08.2019 and to restore the suit on to file
3. which is dismissed for default on
19.08.2019. On the consent given by the petitioner/ defendant, the trial Court has set aside the default order and restored the suit onto file and referred the suit for conciliation but the conciliation efforts failed and the suit was returned to the Court for trial. As the conciliation failed, the defendant/ revision petitioner insisted to rehear the interlocutory application and to decide the same on merits and the said 'V-
2 request was rejected vide docket order dated 25.02.2025, which is assailed in the present Civil Revision Petition.
4. It is well settled law that a consent order is as binding upon the parties thereto as an order passed by invitum. It is not the pleading that the consent was made by counsel without the permission or knowledge of the petitioner or it has been vitiated as the consent was obtained by fraud, misrepresentation, misunderstanding or mistake. Because the conciliation failed it cannot be set aside, as the consent was not vitiated by any law 'f and it has binding force. A consent order in the present case has the binding force and it operates as estoppels. "An order by consent or default is as effective an estoppel between the parties, as it is not the pleadings of the petitioner as discussed supra. Hence, there is no merit in this Civil Revision Petition and accordingly it is dismissed. However, in the circumstances of the case, no order as to costs. As a sequel, interlocutory applications, if any pending in this Civil Revision Petition shall stand closed.
Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Additional Civil Judge (Senior Division), Ongole. One CC to Sri Chilukuri Karthik, Advocate [OPUC] One CC to Sri Kaushik Kumbhajadala, Advocate [OPUC]
4. Two CD Copies
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3. ChD
♦ HIGH COURT DATED:20/06/2025
ORDER CRP.No.997 of 2025 ^ 18 SEP 2025 )g] ''^>vQuiT*ntSecti<i DISMISSING THE CIVIL REVISION PETITION WITHOUT COSTS