Andhra Pradesh High Court - Amravati
Aditya Nursing Home, vs Court Of Principal Junior Civil Judge, on 14 February, 2024
Author: K. Suresh Reddy
Bench: K Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [ 3239 ]
(Special Original Jurisdiction)
WEDNESDAY ,THE FOURTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY
CIVIL REVISION PETITION NO: 222 OF 2024
Between:
1. Aditya Nursing Home,, Adoni, Proprietary concern. Rep. by its sole proprietor. Dr. B.
Srinivasulu, S/o. Mallappa, Medical Practitioner, Hindu, aged 62 yrs, R/o. D.no. 1/ 541-135,
Near AAS College Road, Adoni (V and M), Kurnool Dist- 518302. Rep. by Special Power of
Attorney, K. Vinod Kumar S/o. Thayanna, Hindu, aged 31 yrs, R/o. 1/541/1165 APHB Colony,
Adoni (V and M), Kurnool Dist- 518302
...PETITIONER(S)
AND
1. Court of Principal Junior Civil Judge, Adoni, Kurnool Dist- 518302.
2. II Addl District Court, Rep. by Senior Superintendent Kurnool at Adoni, Kurnool Dist- 518302.
3. Principal District court, Kurnool, Rep. by its Chief Administrative officer, Kurnool Dist- 518001
4. Registrar General, High court of A.P, Amaravati
...RESPONDENTS
Petition under Article 227 of the Constitution of India, praying that in the circumstances
stated in the grounds filed herein,the High Court may be pleased to call for the record relating to
and connected with CA. No 3760 of 2023 Dt. 25-10-2023 filed for obtaining certified copy of the
decree Dt. 18-12-2002 in O.S. No. 88 of 2001 on the file of Principal Junior Civil Judge, Adoni,
Kurnool District and allow the Civil Revision Petition directing the 1st respondent to comply with
CA. No 3760 of 2023 at an early date in the interests of justice
IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed
in support of the petition, the High Court may be pleased pleased to direct the 1st respondent to
comply with CA.No. 3760 of 2023 Dt. 25-10-2023 filed for obtaining the certified copy of the decree
Dt. 18-12-2002 passed in O.S. No. 88 of 2001 on the file of Principal Junior Civil Judge, Adoni,
Kurnool District at an early date pending disposal of CRP by this Hon'ble court in the interests of
justice
Counsel for the Petitioner(s):SRI. M CHALAPATI RAO
Counsel for the Respondents:
The Court made the following:
ORDER:
Aggrieved by the inaction of the 1st respondent - Court of Principal Junior Civil
Judge, Adoni, Kurnool District, in furnishing certified copy of the decree dated
18.12.2002 passed in O.S.No.88 of 2001 on its file, the petitioner, who is plaintiff No.5
in the said suit, filed the present civil revision petition.
As can be seen from the record, the petitioner/plaintiff No.5, along with eight
other Nursing Homes, filed the above suit against Adoni Municipal Council,
represented by its Chairman, and Commissioner, Adoni Municipality, for a declaration
that levy of licence fee on the plaintiffs in pursuance of Gazette Notification issued in
January, 2001, is illegal and void and for a consequential permanent injunction
restraining the defendants from collecting the licence fee from the plaintiffs. The said
suit was decreed vide judgment and decree dated 18.12.2002. While so, the
petitioner/plaintiff No.5 claims to have filed an application, vide C.A.No.3760 of 2023,
on 25.10.2023 seeking certified copy of the said decree, and it is the grievance of the
petitioner that the certified copy has not yet been furnished.
In the circumstances, the 1st respondent is directed to submit a report
explaining the reasons as to why certified copy of the decree, as sought for under
C.A.No.3760 of 2023, has not yet been furnished to the petitioner/plaintiff No.5.
Let the report be submitted before 27.02.2024.
Post this matter on 27.02.2024.
Registry is directed to communicate a copy of this order to the 1st respondent
forthwith.
________________
K. SURESH REDDY, J
IBL
