Sarayada Polamma vs Pinninti Rami Reddy
2024 Latest Caselaw 1353 AP

Citation : 2024 Latest Caselaw 1353 AP
Judgement Date : 16 February, 2024

Andhra Pradesh High Court - Amravati

Sarayada Polamma vs Pinninti Rami Reddy on 16 February, 2024

APHC010610102023           IN THE HIGH COURT OF ANDHRA
                                PRADESH :: AMARAVATI
                             (Special Original Jurisdiction)
                                                                    3329
                          FRIDAY ,THE SIXTEENTH DAY OF
                                    FEBRUARY
                         TWO THOUSAND AND TWENTY FOUR
                             PRESENT

 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

      CIVIL REVISION PETITION NOs: 3225 and 3152 OF 2023

Between:
SARAYADA POLAMMA, AND OTHERS                           ...PETITIONER(S)
                            AND
PINNINTI RAMI REDDY AND OTHERS                        ...RESPONDENT(S)

Counsel for the Petitioner(s):SRI. Y V SRINIVASAN

Counsel for the Respondents:

The Court made the following:

Heard the learned counsel for the petitioners.

2. Learned counsel for the petitioners submits that the petitioners

filed the C.R.P.No.3225 of 2023 assailing the orders dated 12.09.2023

passed in I.A.No.233/2021 in O.S.No.339/2019 under Order VII Rule 11

r/w Section 151 of CPC seeking for rejection of plaint. He further submits

that I.A.No.233/2021 is dismissed without considering the merits and

the judgment passed by the Court below in C.C.No.68 of 2013. He further

submits that while dismissing the I.A.No.233 of 2021 filed under order

VII Rule 11 of CPC, neither reasons were assigned nor criminal appeal is filed by the petitioner is considered, which is contrary to the ratio laid

down by the Hon'ble Apex Court as well as this Court.

3. Learned counsel for the petitioners further submits that the

petitioners filed the C.R.P.No.3152 of 2023 assailing the orders dated

12.09.2023 passed in I.A.No.234/2021 in O.S.No.339/2019 under

Section 10 of CPC seeking stay of all further proceedings in the subject

suit till disposal of the CRLA No.533/2019. He further submits that

I.A.No.234/2021 is dismissed without considering the merits and the

judgment passed by the Court below in C.C.No.68 of 2013. He further

submits that while dismissing the I.A.No.234 of 2021 filed under Section

10 of CPC, neither reasons were assigned nor criminal appeal filed by the

petitioner is considered, which is contrary to the ratio laid down by the

Hon'ble Apex Court as well as this Court.

4. He further submits that rendering judgment without giving any

reasons and without considering the material claims and also the

judgment rendered by the court below is erroneous and the orders

passed in the said I.As are liable to be set aside.

5. Having regard to the submissions made by the learned counsel for

the petitioners as well as the ground raised by the petitioners in the

petition and on perusal of the impugned order dated 12.09.2023 passed

in I.A.No.233 of 2021 and I.A.No.234 of 2021 in O.S.No.339 of 2019, it is

observed that the court below passed the impugned order without giving

any reasons except holding that perused the petition and counter. Moreover, the assertion of learned Judge that 'plaint discloses the cause

of action. Hence, grounds for rejection of plaint does not arise' is

unknown to law and out of ignorance.

6. For better understanding of the orders dated 12.09.2023 passed in

I.A.Nos.233/2021 and 234/2021 in O.S.No.339/2019 is extracted

hereunder:

" I.A.No.233 of 2021 in O.S.No.339/2019:

Heard both counsels. Perused the petition and counter. Perusal of plaint discloses the cause of action. Hence the grounds for rejection of plaint does not arise. Hence, I.A is dismissed. I.A.No.234 of 2021 in O.S.No.339/2019:

Heard the counsels. Perused the petition and counter. Section 10 of CPC has no application to the present case as the subject of the suit and parties of the suit were not shown similar pending in any other civil court."

7. Perused the orders. It is settled proposition of law from time and

again by the Hon'ble Court as well as this Court, any judicial order

should be supported by reasons while coming to a conclusion. But in the

present case on hand and in the order dated 12.09.2023 there are no

such reasons assigned for dismissal of the I.As.

8. In view of the reasons stated above, orders dated 12.09.2023

passed by the Court below in I.A.No.233 of 2021 and 234 of 2021 in

O.S.No.339 of 2019 are hereby set aside and by remanding the matter

back for fresh adjudication after providing opportunity of hearing for both

the parties in accordance with law. The Court below is directed to complete the hearing and to pass orders afresh in accordance with law

within a period of two (02) months from the date of receipt of a copy of

this Order.