Citation : 2021 Latest Caselaw 461 Tel
Judgement Date : 17 February, 2021
(SHOW CAUSE NOTICE BEFORE ADMISSION)
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
PRADESH
FRIDAY, THE FOURTH DAY OF DECEMBER,
TWO THOUSAND AND FIFTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE: NOOTY RAMAMOHANA RAO
CRP :5173 of 2015
Between:
Y. Omkaram, S/o Y. Satyanarayana
..... PETITIONER
AND
.
.....RESPONDENTS
WHEREAS the Petitioner above named through his Advocate Sri P.
Rajesh Babu presented this petition under Article 227 of the Constitution of
India, to revise the Orders passed in Memo Sr. No. 2095 of 2015 dt. 30-10-
2015, of the Court of the XIV Addl. District Judge, Ranga Reddy, and
consequently returning IASR No. 2157 of 2015 by way of orders dt. 9-11-2015,
filed by the Petitioner for transposing him as one of the plaintiff in OS No. 1087
of 2013, filed by the 1st Respondent, and grant such other relief or reliefs
which ths Hon'ble Court may deem fit and proper under the circumstances of
the case;
AND whereas the High Court upon perusing the petition and
memo of grounds file herein and upon hearing the arguments of Sri P. Rajesh
Babu Advocate for the Petitioner, directed issue of notice to the Respondents
herein returnable in four weeks to show cause as to why this petition should
not be admitted.
You viz ;
are directed to show cause as to why in the circumstances set out in this petition
(copy enclosed) this Civil Revision Petition should not be admitted.
The Court made the following
ORDER:
In view of the judgment rendered in the Division Bench of this Court in Bangaru Pattabhirmayya and Others Vs. Bangaru Gopalakrishnayya and Others (AIR 1986 AP 270) holding that a Court cannot permit a suit for partition to be withdrawn by the plaintiff without notice to the defendants, hence, the order passed by the learned XIV Additional District Judge, Ranga Reddy District in O.S.No.1087 of 2013 on 30.10.2015 shall not be given effect to or acted upon and consequently, any interlocutory application taken out in the said suit for transposition will be considered and dealt with on its merits. Notice before admission returnable in four weeks.
Sd/- K.M. Ramesh Babu ASSISTANT REGISTRAR //TRUE COPY//
for ASSISTANT REGISTRAR
To
The XIV Additional District, Ranga Reddy District, at L.B.Nagar (Addressee Nos 1 to 270 by RPAD along with a copy of petition and memo of grounds)
271. One CC to Sri P. Rajesh Babu, Advocate (OPUC) 272 One Spare copy Skm HIGH COURT
NRR,J DRAFTED BY : SKM DRAFTED ON: 07-12-2015
DATE: 04-12-2015
NOTICE BEFORE ADMISSION CRP. NO. 5173 OF 2015
DIRECTION
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