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2025 DAILYLAW 54193 (AP)

KOLLAPANENI RAJESH v. KOLLAPANENI SHAKEELA

CRP/2374/2025 · 2025-11-06

Ninala Jayasurya

body2025

Judgment text

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APHC010490532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION NO: 2374/2025 Between: 1. KOLLAPANENI RAJESH, S/O. DOORVASULU NAIDU, AGED 42 YEARS, OCC SOFTWARE EMPLOYEE PRESENTLY WORKING IN USA NATIVE OF SEETHARAMAPURAN(V), VADAMALAPETA (M), CHITTOOR DISTRICT. ...PETITIONER AND 1. KOLLAPANENI SHAKEELA, W/O. K. VIJAYAKUMAR, AGED 40 YEARS, OCC EMPLOYEE, R/O. SEETHARAMAPURAM(V), VADAMALAPETA(M), CHITTOOR DISTRICT. ...RESPONDENT Counsel for the Petitioner: 1. SRINIVASULU KURRA Counsel for the Respondent: 1. NJS,J C.R.P No.2374 of 2025 2 The Court made the following Order: Heard learned counsel for the petitioner. Despite service of notice, none entered appearance on behalf of the respondent. 2. The present Civil Revision Petition is filed against the orders dated 04.08.2025 in I.A No.485 of 2025 in O.S No.112 of 2014 on the file of the Court of the III Additional District Judge, Tirupati. 3. The father of the petitioner/defendant filed the said application under Rule 32 of Civil Rules of Practice r/w. Section 151 of Code of Civil Procedure, seeking to recognize him as Special G.P.A and permit him to depose as DW1 and mark the documents on behalf of the defendant. 4. The learned III Additional District Judge, Tirupati, after considering the matter, dismissed the said application mainly on the premise that the sworn affidavit of the defendant is not enclosed with the I.A., which is mandatory in terms of Rule 32 of Civil Rules of Practice. 5. Though the learned counsel for the petitioner sought to impress upon the Court with reference to the grounds raised in the revision, on pointing out that the order under challenge was passed on the premise that the mandatory requirements are not complied with, the learned counsel seeks liberty to the petitioner to file appropriate application along with the relevant documents before the Trial Court. NJS,J C.R.P No.2374 of 2025 3 6. In view of the same, finding no error in the order passed by the learned III Additional District Judge, Tirupati, this Civil Revision Petition is dismissed. However, if petitioner makes any fresh application, the same shall be considered without reference to the orders of dismissal. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date:07.11.2025 Note: Issue C.C in One week. B/o. Ksj