Repalle Venkatewara Rao vs Ramu Sankar Rao
2021 Latest Caselaw 4185 AP

                   THE HON'BLE SRI JUSTICE D. RAMESH

                          C.R.P.No.1127 of 2021
ORDER:-

      The present Civil Revision Petition came to be filed aggrieved by

the docket order dated 01.10.2021 passed by the Court below and

seeking to direct the Court below to number the Suit.

2.    Heard.

3.    Learned counsel for the petitioners submit that the petitioners

herein filed a suit for declaration and permanent injunction and

costs in the Court below. When the suit is presented for numbering,

the Court below returned the same vide docket order dated

01.10.2021

raising objections. 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.

4. 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 01.10.2021. 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.

5. 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.1127 OF 2021

Date: 22-10-2021 EPS