B Prasuna, Vsp vs N.Sanjeeva Rao, Vsp 16 Other
2024 Latest Caselaw 1351 AP

Andhra Pradesh High Court - Amravati

B Prasuna, Vsp vs N.Sanjeeva Rao, Vsp 16 Other on 16 February, 2024

APHC010752642016
                       IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
                                    (Special Original Jurisdiction)
                                                                                      [
                                                                                   3460
                          FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY                       ]
                             TWO THOUSAND AND TWENTY FOUR

                                     PRESENT

                   THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

                     CIVIL REVISION PETITION NO: 2007 OF 2016

Between:
B PRASUNA, VSP AND OTHERS                                              ...PETITIONER(S)
                                 AND
N SANJEEVA RAO VSP 16 OTHER AND OTHERS                                ...RESPONDENT(S)

Counsel for the Petitioner(s):SRI. M S R SUBRAHMANYAM

Counsel for the Respondents: 8371/CH SHANMUKHA RAO

Counsel for the Respondents: CH SHANMUKHA RAO

The Court made the following:

ORDER:

The present Civil Revision Petition is filed against the Order dated

08.12.2025 in I.A.No.490 of 2015 in O.S.No.214 of 2006 passed by the I

Additional District Judge, Visakhapatnam.

2. The Defendant No.4 in the suit is the petitioner herein and she filed an

application under Order 7 Rule 10 CPC before I Additional District Judge,

Visakhapatnam to return the plaint for presentation before the proper court.

The said suit is filed for partition. It is the case of the petitioner herein that

the plaintiff has to pay the Court fee on Rs.8,02,890/-, but the value of the

suit schedule property is wrongly shown as Rs.10,70,520/- and therefore, the

trial Court has no jurisdiction to entertain the suit. The plaintiff filed a

Counter opposing the claim. The trial Court after framing issues dismissed

the petition by a reasoned order. Hence the present Civil Revision Petition.

3. There is no stay granted by this Court in this Civil Revision Petition and

as per the E-Courts status, the suit is transferred to IX Additional District

Judge (FTC), Chodavaram on 31.03.2017 for disposal. Hence, the issue urged

by the petitioner could be considered at any stage before passing the

judgment and therefore, leaving it open to the petitioner to raise this issue

before the trial Court and this may not be the stage to consider these

objections elaborately as that would only delay the principal relief of

partition sought in the suit.

4. With the above observation, the present Civil Revision Petition is

disposed of. No costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

________________ NYAPATHY VIJAY, J.

Date: 16-02-2024 eha

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

Dt.16-02-2024

U eha