Athota Venkata Ramana vs Bollapragada Durga Prasada Rao
2024 Latest Caselaw 4890 AP

Andhra Pradesh High Court - Amravati

Athota Venkata Ramana vs Bollapragada Durga Prasada Rao on 28 June, 2024

APHC010266182024

                    IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                 [3299]
                           (Special Original Jurisdiction)

              FRIDAY ,THE TWENTY EIGHTH DAY OF JUNE
                 TWO THOUSAND AND TWENTY FOUR

                        PRESENT
        THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

                   CIVIL REVISION PETITION NO: 1266/2024

Between:

Athota Venkata Ramana                                  ...PETITIONER
                                   AND


Bollapragada Durga Prasada Rao and Others          ...RESPONDENT(S)

Counsel for the Petitioner:
  1. T N M RANGA RAO

Counsel for the Respondent(S):

   1.


The Court made the following:
                                                                               RNT, J
                                            2                     CRP No.1266 of 2024




        THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

          CIVIL REVISION PETITION No. 1266 of 2024

JUDGMENT:

Heard Sri T. N. M. Ranga Rao, learned counsel for the petitioner.

2. Perused the material on record.

3. The petitioner is the plaintiff who filed O.S.No.88 of 2021 for partition

of the suit schedule property which is pending in the Court of the III Additional

District Court, Kakinada.

4. Learned counsel for the petitioner submits that in that suit 15.02.2024

date was fixed for hearing. However, the plaintiff filed I.A.No.185 of 2024 to

advance the above suit with all the pending interim applications from

15.02.2024 to 07.02.2024 or some other nearest convenient date. Initially,

counter was invited which was not filed. On 15.02.2024 the said I.A.No.185 of

2024 was closed, having become infructuous.

5. By means of this petition, the petitioner is challenging the Order dated

15.02.2024.

6. The petitioner's application was for pre-ponement of the suit from

15.02.2024 to some early date. But during the pendency of the said I.A.No.185

of 2024, date 15.02.2024 was reached, on which date the suit was fixed,

consequently, I.A.No.185 of 2024 became infructuous. There is no illegality in

rejecting the application as infructuous.

7. Learned counsel for the petitioner submits that now the suit is fixed

for 04.07.2024 and the plaintiff/petitioner wants to file some application under RNT, J

Order 12 Rule 6 CPC or other relevant provision of Code of Civil Procedure in

the suit.

8. Be that as it may, without observing anything on the aforesaid

contention for filing application so far as the present petition is concerned,

there being no illegality in the Order dated 15.02.2024, the civil revision petition

is dismissed. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in

consequence.

_______________________ RAVI NATH TILHARI, J Date: 28.06.2024 Dsr