APHC010222502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 1265/2025 Between: 1. SHAIK MOHAMMAD RAFI, S/O. LATE S.PYAREJAN AGED ABOUT 76 YEARS, MUSLIM OCC CULTIVATION, R/O. C.T.M. CROSS ROADS CHUINNATHIPPASAMUDRAM (CTM), MADANAPAILE MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND 1. S PYAREJANDIED, (DIED) (HIS LEGAL REPRESENTATIVES D.9 TO D.14 WERE BROUGHT ON RECORD AS PER ORDERS IN I.A.NO.622/1993, DATED 10.04.1997) 2. S MEHARUNNISSA, , W/O. SHAFIQ JAN, AGED ABOUT 60 YEARS R/O.NO.5, 1ST FLOOR, B-12TH STREET CHANDINI CHOWK ROAD, BANGALORE 3. S HABIBULLAH SHARIFF, S/O. SHAFIQ JAN, AGED ABOUT 34 YEARS R/O.NO.5, 1ST FLOOR, STREET CHANDINI CHOWK ROAD, BANGALORE 4. JEENATH, , D/O. SHAFIQ JAN, AGED ABOUT 32 YEARS R/O.NO.5, 1ST FLOOR, B-12TH STREET CHANDINI CHOWK ROAD, BANGALORE 5. KALIMULLA SHARIFF, , S/O. SHAFIQ JAN, AGED ABOUT 31 YEARS R/'O.NO.5,1ST FLOOR, B-12TH STREET CHANDINI 2 CHOWK ROAD, BANGALORE 6. AASHMA, D/O. SHAFIQ JAN, AGED ABOUT 30 YEARS R/O.NO.5, 1ST FLOOR, B-12TH STREET CHANDINI CHOWK ROAD, BANGALORE 7. BEEBI AYESHA, D/O. SHAFIQ JAN, AGED ABOUT 28 YEARS R/O.NO.5, 1ST FLOOR, B-12TH STREET CHANDINI CHOWK ROAD, BANGALORE 8. MANDIA VENKATARAMANA, (DIED) 9. BEEBIJAN, (DIED) 10. SHAMEEMUNNISA, (DIED) 11. ABIDUNNISA, , D/O. PYAREJAN, W/O. SYED JAFFER AGED ABOUT 60 YEARS, RESIDING AT BALAJI TALKIES, VANNIVARAPET, BANGALORE 12. JAWAHAR, S/O. PYAREJAN, AGED ABOUT 55 YEARS OCC CULTIVATION, MUSLIM, R/O. SRIRAMULU STREET, BURMA STREET MADANAPALLE, ANNAMAYYA DISTRICT . 13. ANWAR, , S/O. PYAREJAN, AGED ABOUT 52 YEARS, OCC CULTIVATION, MUSLIM, R/O. SRIRAMULU STREET, BURMA STREET MADANAPALLE, ANNAMAYYA DISTRICT 14. MUNWARUNNISA, , D/O. PYAREJAN, AGED ABOUT 50 YEARS OCC CULTIVATION, MUSLIM, R/O. SRIRAMULU STREET, BURMA STREET MADANAPALLE, ANNAMAYYA DISTRICT 15. C KHADERVALI, (DIED) 16. S JABEENTAJ, , D/O. KHADERVALLI,W/O. MOHAMMAD AGED ABOUT 48 YEARS, R/O. BUS STAND, PTM, ANNAMAYYA DISTRICT 17. S SANSWAR TAJ, W/O. MASTAN, D/O. KHADERVALLI AGED ABOUT 45 YEARS, R/O. BAZAR, MADANAPALLE TOWN 18. S MUNWAR TAJ, W/O. S.MOHAMMAD ILLIYAS, D/O. KHADERVALLI AGED ABOUT 43 YEARS. AYURVEDIC 3 DOCTOR, RESIDING AT PTM, ANNAMAYYA DISTRICT 19. NAGIN TAJ, W/O. ASLAM BASHA, D/O. KHADERVALLI, AGED ABOUT 40 YEARS RESIDING AT MOLAKALACHERUVU, ANNAMAYYA DISTRICT 20. C BABA FAKRUDDIN, S/O. KHADERVALLI, AGED ABOUT 38 YEARS RESIDING AT NEAR BUS STAND, PTM, ANNAMAYYA DISTRICT ...RESPONDENT(S): Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to direct the Ld. Trial Court / II Additional District judge, Madanapalle numbered the unnumbered I.A.No. of 2023 under C.F.No.4770 of 2023 Dated 09.10.2023 filed under Order 26 Rule 18 of C.P.C., filed by the Petitioner / Appellant basing on the Orders passed in I.A.No.515/2007 Dated 09.06.2013 in O.S.No. 16/1996 of Decree and Judgment Dated 18.08.2004.and pass IA 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 dispense with the Certified copy of the un numbered I.A.N0. of 2023 under C.F.No.4770 of 2023 Dated 29.10.2023 filed under Order 26 Rule 18 CPC filed by the petitioner / Appellant basing on the orders passed in I.A.No.515/2007 Dated 09.06.2013 in O.S.No.16/1996 of Decree and Judgment Dated 18.08.2004 on the file of Ld. II Additional District Judge, Madanapalle in the interest of Justice, and pass Counsel for the Petitioner: 1. P VASU SEKHAR Counsel for the Respondent(S): 1. 4 The Court made the following: ORDER: The grievance of the petitioner is that I.A.__ of 2023 vide CFR.No.4770 of 2023 dated 09.10.2023 filed under Order XXVI Rule 18 of CPC in I.A.No.515 of 2007 (final decree proceedings) in O.S.No.16 of 1996, is kept pending without either numbering or returning. 2. Heard Sri Jitendra Kangatur, learned counsel representing Sri P.Vasu Sekhar, learned counsel for the petitioner. 3. The petitioner is the plaintiff before the II Additional District Judge, Madanapalle, in the suit is for partition in O.S.No.16 of 1996. 4. In the said suit, final decree application vide I.A.No.515 of 2007 has been filed. In the said I.A., the petitioner/plaintiff also filed I.A.CFR.No.4770 of 2023 under Order XXVI Rule 18 duly praying the Court to engross the allotted share to the plaintiff as per the commissioner’s report wherein he is ready and willing to bare the registration expenses for engrossing on paper non judicial stamp papers. The Court neither numbered nor returned the said application with the objections but kept the same under CFR number since 2023. It would suffice for the time being if a direction is given to the Court below to either number the I.A. or if there are any objections for numbering, the same should be returned with the written objections, accordingly, prayed to pass appropriate orders. 5 5. Perused the record and considered the submissions made by the learned counsel for the petitioner. Though Registry sent notice to the respondents, they did not choose to put up their appearance. 6. As could be seen from the record and the submissions of the counsel, an interlocutory application has been filed under CFR No.4770 of 2023 under Order XXVI Rule 18. The grievance of the petitioner is that the Court below neither numbered the said I.A. nor returned the same with any objections since 2023. 7. Once an application is filed, the Court invariably has to number the same or if there are any objections, they have to return the same with written objections but they cannot keep the same pending for years together. 8. In those circumstances, this Court is inclined to direct the Court below to process the I.A. and if there are any objections to number the said I.A, the same shall be returned to the petitioner with written objections. 9. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 07th May, 2026 RKS