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2025 DAILYLAW 33487 (AP)

SATTI MEHAR BABA REDDY v. SMT SATTI LAKSHMI GNANA PRASUNAMBIKA

CRP/2905/2024 · 2025-01-08

Ravi Nath Tilhari

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 2905 OF 2024 Petition under Article 227 of Constitution of India aggrieved by the order dated 19.09.2024 in I.A.No.130 of 2024 in F.C.O.P.No.725 of 2023 on the file of the Court of the XIV Additional District Judge - cum - Additional Family Judge, Vijayawada. Between: Satti Mehar Baba Reddy, S/o. Srinivasa Reddy, Hindu, aged about 31 years. Private employee, R/o. D/NO 16-69, Mandal Office Road, Kankipadu, Beside Jaffar Hospital, Kankipadu, Krishna Dist. ...Petitioner AND Smt Satti Lakshmi Gnana Prasunambika, W/o. Satti Mehar Baba Reddy U/c. Padala Sugunavathi, Hindu, Female, aged about 24, House Wife Resident of D. No. 5-12, Main Road, G- Mamidada, Pedapudi Mandal East Godavari Dist. Pin- 533344. ...Respondent lA NO: 1 OF 2024 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the further proceeding in F.C.O.P No. 725 of 2023 until the disposal of this petition. Counsel for the Petitioner: SRI KJ. DAYANAND KUMAR Counsel for the Respondents: - The Court made the following ORDER: APHC010502872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3299] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 2905/2024 Between: ...PETITIONER Satti Mehar Baba Reddy AND ...RESPONDENT Smt Satti Lakshmi Gnana Prasunambika Counsel for the Petitioner: 1.KJ DAYANAND KUMAR Counsel for the Respondent: 1. The Court made the following: I %4 / THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 2905/2024 ORDER: Heard Sri K.J.Dayanand Kumar, learned counsel for the petitioner appearing through virtually while travelling in the car. The petitioner is the husband of the respondent. He filed FCOP.No.725 2. of 2023 to appoint him as permanent natural guardian of the minor child namely Varlith Subha Nivas Reddy. When FCOP was posted for appearance of the respondent (mother of the minor) on 27.09.2023, she could not appear. So, an order to proceed ex-parte was passed. She filed I.A.No.130 of 2024 under Order IX Rule 7 of CPC to set aside the ex-parte order dated 27.09.2023 and to provide opportunity to contest the proceedings. 3. Learned Court framed the following point for consideration: Whether the petitioner/respondent/wife is entitled for relief as prayed for?’ 4. It recorded the finding on such point that the cause shown is sufficient. On 19.09.2024, the ex-parte order dated 27.09.2023 was set-aside and she was permitted to contest the main proceedings. Challenging the said order. the present petition has been filed. 5. Learned counsel for the petitioner submits that in passing the said order, learned Court has not followed the provisions of Order IX Rule 7 CPC. 1 IL \ As to what provision, the learned Court has not followed and as to how 6. the order suffers from illegality, could not be argued by the learned counsel for the petitioner. Learned Court has specifically recorded that the cause shown is 7. sufficient. The order aims to provide opportunity of hearing to the respondent- mother of the minor on being satisfied that the cause shown was sufficient. 8. I do not find any illegality in the order impugned. No case is made out for interference in the exercise of the jurisdiction under Article 227 of the Constitution of India. The Civil Revision Petition is dismissed. 9. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The XIV Additional District Judge - cum - Additional Family Judge, Vijayawada. 2. One CC to Sri K J Dayanand Kumar, Advocate [OPUC] 3. Three CD Copies To, sree f / HIGH COURT DATED:08/01/2025 ORDER CRP.No.2905 of 2024 r X 12 MAR 2025 ^ Current »ecuon fesPATC*^^ DISMISSING THE C.R.P. WITHOUT COSTS