Kambhampati Harsha Deep vs Kambhampati Bharathi
2021 Latest Caselaw 4184 AP

               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.

Miscellaneous Petitions pending, if any, shall stand closed.

_____________________ JUSTICE D.RAMESH

Date: 22-10-2021 EPS

THE HON'BLE SRI JUSTICE D. RAMESH

C.R.P.No.1126 OF 2021

Date: 22-10-2021 EPS