THE HON'BLE SRI JUSTICE D. RAMESH
C.R.P.No.1126 of 2021 ORDER:-
The present Civil Revision Petition came to be filed aggrieved by the docket order dated 04.10.2021 passed by the Court below and seeking to direct the Court below to number the Suit.
2. Heard.
3. Learned counsel for the petitioner submits that the petitioner herein filed a suit for partition and mesne profits with costs in the Court below. When the suit is presented for numbering, the Court below returned the same vide docket order dated 03.09.2021 raising several objections. The petitioner complied with some of the objections and represented the same on 09.09.2021. But the same is again returned on 04.10.2021 for want of reasons.
4. Learned counsel would submit that the suit be numbered in the light of the judgment of the this Court in Manthina Sitarama Raju and Others Vs. Kanda Rambabu and Others, reported in 2020 SCC OnLine AP 965.
5. Having regard to the facts and circumstances of the case and considering the submission of the learned counsel and perused the record, the Civil Revision Petition is allowed by setting aside the docket order dated 04.10.2021. The Court below is directed to number the Suit pending on its file in the light of the law laid down by this Court in Manthina Sitarama Raju and Others Vs. Kanda Rambabu and Others, reported in 2020 SCC OnLine AP 965, as expeditiously as possible.
6. Accordingly, the Civil Revision Petition is allowed. No costs. 2
Miscellaneous Petitions pending, if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date: 22-10-2021 EPS 3 THE HON'BLE SRI JUSTICE D. RAMESH 78 C.R.P.No.1126 OF 2021 Date: 22-10-2021 EPS