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2025 DAILYLAW 30380 (AP)

KANDUKURI MALLIKARJUNA v. NIL

CRP/2132/2025 · 2025-08-21

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010437412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 2132 OF 2025 Petition filed 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 pass necessary order(s) for Docket Order dated 13.08.2025 passed in H.M.O.P.SR.No.2355 of 2025 on the file of the Principal Civil Judge (Senior Division), Rajampet and to number the same. Between: Kandukuri Mallikarjuna, S/o.Kandukuri Subbaiah, Hindu, aged about 36 years. Residing at D.No.17/178, Venkatarajupalli Village and Post, Chitvel Mandal, Annamayya District, Andhra Pradesh - 516 110. 1. Kandukuri Sandhyarani @ Kandukuri Sandhya, W/o.Kandukuri Malikarjuna, Hindu, aged about 26 years. Residing at D.No. 10/756-1-A, Kotha Koduru, Railway Kodur Town and Mandal, Annamayya District, Andhra Pradesh - 516 101. 2. ...Petitioners/Petitioners AND NIL ...Respondent/Respondent ■ ^ -i lANO: 2 0F 2025 Petition filed 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 direct the Court to number H.M.O.P.SR.No.2355 of 2025 on the file of the Principal Civil Judge (Senior Division), Rajampet, pending disposal of the above C.R.P. Counsel for the Petitioners: M/s.VMR Legal Counsel for the Respondent:-- The Court made the following: APHC010437412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 2132/2025 Between: 1.KANDUKUR1 MALLIKARJUNA, S/0. KANDUKURI SUBBAIAH, HINDU, RESIDING AT D.NO.17/178, CHITVEL MANDAL, AGED ABOUT 36 YEARS, VENKATARAJUPALLl VILLAGE AND POST, ANNAMAYYA DISTRICT, ANDHRA PRADESH - 516 110. W/0. 2.KANDUKURI SANDHYARANl @ KANDUKURI SANDHYA KANDUKURI MALIKARJUNA, HINDU, AGED ABOUT 26 YEARS. RESIDING AT D.NO. 10/756-1-A, KOTHA KODURU, RAILWAY KODUR TOWN AND MANDAL, ANNAMAYYA DISTRICT, ANDHRA PRADESH-516 101. ...PETITIONER(S) AND NIL, a 1. ...RESPONDENT Petition under Article 227 of the Constitution of lndia,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased tomay be pleased pass necessary order(s) for Docket Order dated 13.08.2025 passed in H.M.O.P.SR.No. 2355 OF 2025 on the file of The Honble Principal Civil Judge (Senior Division), Rajampet and to number the same and pass such 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 2 prayed before this Hon’ble Court to dispense with the filing of the Certified Copy of the said docket Order dated 13.08.2025 in H.M.O.P.SR.No. 2355 OF 2025 on the file of The Hon’ble Principal Civil Judge (Senior Division), Rajampet, pending disposal of the above C.R.P and lA NO: 2 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 prayed before this Hon’ble Court to direct the Hon’ble Court to number H.M.O.P.SR.No. 2355 OF 2025 on the file of The Hon’ble Principal Civil Judge (Senior Division), Rajampet, pending disposal of the above C R P and pass such Counsel for the Petitioner(S): 1.VMR LEGAL Counsel for the Respondent: pass such 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 2132/2025 ORDER: The present Civil Revision Petition is filed assailing the docket order dated 13.08.2025 passed in H.M.O.P.SR.No.2355 of 2025 on the file of Principal Civil Judge (Senior Division), Rajampet. 2. Learned Counsel for the Revision Petitioners jointly appears for both the spouses in the present C.R.P. Learned Counsel has taken this Court through the Petition filed by the Revision Petitioners herein for mutual consent under Section 13 (B) of Hindu Marriage Act, 1955. He has also taken this Court through the objections raised by learned Principal Civil Judge (Senior Division), Rajampet, which are extracted hereunder: “1. How the petition is maintainable under Section 13(B) of the Hindu Marriage Act, since both the petitioners are living separately since 10.07.2025 and petition is presented on 10.08.2025. 2. The name of the 2"'^ petitioner is not tallied as per the certified copy of marriage certificate. 3. The place of marriage is not correctly noted in petition. 3. Learned Counsel for the Revision Petitioners has relied on the Judgment passed by a learned Single Judge of this Court in Jelakara Chandra Sekhar and Anr. Vs. Nil (in C.R.P.No.379 of 2022 dated 16.06.2022) : (2022) 4 ALD 561 (AP). .V. 4 4. This Court has perused the said Judgment. Having perused the said Judgment, this Court is of the view that there is no impediment on the part of the learned Principal Civil Judge (Senior Division), Rajampet in entertaining the Petition bearing H.M.O.P.SR.No.2355 of 2025. In this view of the matter, the objections raised by the learned Principal Civil Judge (Senior Division), Rajampet in H.M.O.P.SR.No.2355 of 2025 are set-aside. The learned Principal Civil Judge (Senior Division), Rajampet is now directed to number the Petition bearing H.M.O.P.SR.No.2355 of 2025, if it is otherwise in order and proceed as per merits and pass order in accordance with law within a period of four weeks from today. 5. With these observations and directions, the present Civil Revision Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The Principal Civil Judge (Senior Division), Rajampet, YSR Kadapa District. 2. One CC to M/s.VMR LEGAL, Advocate [OPUC] 3. Two CD Copies BSV VNA HIGH COURT DATED:22/08/2025 ORDER CRP NO. 2132 OF 2025 I DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS