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High Court of Andhra Pradesh · body

2025 DAILYLAW 3368 (AP)

DIRECTOR GENERAL OF POST OFFICES v. PENAKA BUJJI REDDY

CRP/72/2025 · 2025-01-10

B S Bhanumathi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 72 OF 2025 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 set-a-side the impugned endorsement dated 02.01.2025in AS CF No.9088/24 and direct the appellate court to entertain the appeal filed by these petitioners against the orders dated 07-12-2022 in I.A No.9 OF 2014 in O.S. No. 272 OF 2004 on the file of the I Additional Senior Civil Judge, SPSR Nellore at Nellore. Between: 1. Director General Of Post Offices, New Delhi. 2. Chief Postmaster General, Abids Centre, Hyderabad. (Now at Krishna Lanka, Vijayawada-520 013). 3. The Superintendent of Post Offices, Nellore. ...PETITIONER/J.Drs AND Penaka Bujji Reddy, S/o Kesavulu Reddy, Hindu aged 64 years. Residing at Akkanavari Street, Fathekhanpeta, Nellore town-3 ...Respondents / D.Hrs 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 Stay all further proceedings pursuant to docket order dated 14.11.2024 in EP No.62 of 2023 on the file of the I Additional Senior Civil Judge , SPSR Nellore at: Nellore. Counsel for the Petitioner :SRI. PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondents: - The Court made the following: ORDER APHC010015642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3311] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI niVII REVISION PETITION NO: 72/2025 Between; Director General Of Post Offices and Others AND ...PETITIONER(S) ...RESPONDENT Penaka Bujji Reddy Counsel for the Petitioner{S); I.Pasala Ponna Rao, Deputy Solicitor General of India Counsel for the Respondent; 1. The Court made the following; ORDER; This revision petition is filed under Article 227 of the Constitution of in ASCR.No.9088 of 2024 on the file >■ India against the order dated 02.01.2025 in of the Court of the directing return of the file giving 7 days time for resubmission with legal maintainability with the objections that in view of Principal District Judge and Sessions Judge, Nellore provision, if any, about the 97 of CPC, appeal against the preliminary decree after passing the Section the final decree is not maintainable. \ 2 BS6} C.R.P.No.72 of2025 2. A reading of the impugned order indicates that when called on bench, there was no representation for both the appeal was returned. the matter was parties. Hence, said 3. Instead of representing the appeal with answer to the objection, this revision petition was filed, contending that the objection is not maintainable. As can be seen from the impugned order, it was not the final decision of the Court as the appeal was not heard. Therefore, the appellate Court directed only for return of the appeal, still keeping open to the appellant to answer the objection. 4. As such, the revision petition is disposed of directing the revision petitioners to represent the appeal before the appellate Court answering the objection and if necessary, with a request to call the matter before bench and thereafter make submissions before the bench to enable the bench to pass an No order order on merit about the maintainability after hearing the appellant, as to costs. Miscellaneous petitions, if interlocutory orders, if any, pending shall stand vacated. any, pending shall stand closed, and Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional Civil (Senior Division) Judge, SPSR Nellore at Nellore (with records) The V Additional District Judge, Nellore (with records) One CC to Sri. Pasala Ponna Rao, Deputy Solicitor General Of India [OPUC] The Section Officer, V.R Section, High Court of Andhra Pradesh Amaravathi. Three CD Copies 2. 3. 4. at 5. PR HIGH COURT DATED;10/01/2025 ORDER ANOS^■& g 0 3 FEB 2025 S Current Section . CRP.No.72 of 2025 DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS