Medasani Suresh vs Medasani Ramesh
2024 Latest Caselaw 7693 AP

Andhra Pradesh High Court - Amravati

Medasani Suresh vs Medasani Ramesh on 23 August, 2024

 APHC010304102018
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                          [3460]
                             (Special Original Jurisdiction)

                 FRIDAY, THE TWENTY THIRD DAY OF AUGUST
                     TWO THOUSAND AND TWENTY FOUR

                                     PRESENT

              THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

                    CIVIL REVISION PETITION NO: 2547/2018

Between:

Medasani Suresh                                                  ...PETITIONER

                                        AND

Medasani Ramesh and Others                                  ...RESPONDENT(S)

Counsel for the Petitioner:

     1. P PRABHAKAR RAO

Counsel for the Respondent(S):

     1.

The Court made the following:

ORDER:

1. The present Civil Revision Petition is filed against the Judgment in O.S.No.63 of 2013 dated 29.01.2018 delivered by the VIII Additional District Judge, Vijayawada, Krishna District, where under the suit was dismissed for default.

2. The petitioner is the Defendant No.2. The suit was filed for partition. The present Revision is filed straight away under Section 115 of CPC without there being any application before the trial Court to set aside the default order. As such, the present Revision is not maintainable.

3. The learned counsel for the petitioner contended that since the suit is being filed for partition, all the parties are having interest in the joint family properties and they may be treated as plaintiffs and the suit can be restored at their instance.

4. Having heard the learned counsel for the petitioner, this Court is of the opinion that this is an application, which should be filed before the concerned Court to set aside the default order. The present Revision filed straight away before this Court is not maintainable. As such, leaving it open to the petitioner to file an appropriate application before the trial Court, if so advised, the Civil Revision Petition is disposed of.

There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.

_______________________ NYAPATHY VIJAY, J

Date: 23.08.2024

IS THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

CIVIL REVISION PETITION NO: 2547/2018

Date: 23.08.2024

IS