M.Bhakthavatsala Naidu vs Bandaru Gopikrishna
2022 Latest Caselaw 8641 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                        MAIN CASE : C.R.P.No.2253 of 2022
                                  PROCEEDING SHEET
Sl.      Date                                 ORDER                                    OFFIC
No                                                                                       E
                                                                                       NOTE

1.    10.11.2022   SRS,J
                         Defendants 1 and 2 in suit O.S.No.123 of 2021
                   filed the revision against the order dated 15.06.2022
                   in I.A.No.80 of 2022 in O.S.No.123 of 2021 on the file
                   of the Principal Senior Civil Judge, Tirupati.
                         Respondents      in    the       revision    filed     suit

O.S.No.123 of 2021 with the following reliefs:

1) Declaring that the judgment and decree (lokadalat award/decree) passed in O.S.No.59 of 2021 on the file of the Principal Senior Civil Judge, Tirupati dated 16.12.2021 in favour of the defendant Nos.1 and 2 herein and who are plaintiffs in O.S.No.59 of 2021 on the file of the Principal Senior Civil Judge, Tirupati as fraudulent one and void one and null and void and cancel the said decree (which was obtained by playing fraud and suppressing the facts of the case);

2) Consequential relief of cancellation of the alleged agreement of sale in favour of the defendant Nos.1 and 2 herein dated 20.03.2009 executed by defendant No.3's husband and defendant No.4's father late Abdul Ghani (suit document in O.S.No.59/2021 on the file of the Principal Senior Civil Judge, Tirupati);

3) Directing all the defendants to pay the suit costs jointly and severally to the plaintiffs;

4) Pass such other order or orders as the Court may deem fit and proper in the circumstances of the case.

Pending the suit, defendants 1 and 2 filed I.A.No.80 of 2022 under Order VII rule 11(d) and Section 151 of CPC to reject the plaint. The said application was dismissed on 15.06.2022.

Learned counsel for the petitioners filed copy of the order at page No.7 and asserted that the lower Court dismissed the application by a single line order and a detailed separate order was not passed.

When this Court asked the learned counsel to ascertain whether any separate order was passed, learned counsel for the petitioner informed that no separate order was passed except the order at page Nos.7 and 8.

Registrar (Judicial) shall call for the report from the learned Senior Civil Judge, Tirupati as to whether any separate order was passed in I.A.No.80 of 2022 in O.S.No.123 of 2021, by the next date of hearing.

List on 05.12.2022.

_________ SRS,J KA