Muppala Naren Kumar vs Ganta Krishna Mohan
2025 Latest Caselaw 5101 Tel

Telangana High Court

Muppala Naren Kumar vs Ganta Krishna Mohan on 25 April, 2025

Author: P. Sree Sudha

Bench: T.Vinod Kumar, P.Sree Sudha

        THE HON'BLE SRI JUSTICE T. VINOD KUMAR
                         AND
        THE HON'BLE SMT. JUSTICE P. SREE SUDHA

                     C.M.A. No.107 OF 2025


ORDER:

(Per Hon'ble Justice Smt. P. Sree Sudha)

Heard learned Counsel for the petitioner.

2. Despite the name of the Counsel for respondent being

shown in the cause list, there is no representation.

3. The appellant herein is the petitioner in the Guardian

O.P. and he is the father of the minor child. He filed Guardian

O.P. for custody of a minor child and the O.P. is filed against the

maternal grant parents i.e., respondent Nos.1 and 2.

4. As per the docket proceedings dated 28.12.2024, the

matter was posted for evidence of the petitioner on 18.01.2025

and reserved for orders in I.A. No.199 of 2024 filed for visitation

rights. On the next day i.e, on 18.01.2025, it was observed that

both the Counsel present. Heard arguments, Guardian O.P. is

reserved for orders and accordingly the judgment was

pronounced in Guardian O.P.

5. The main contention of the appellant herein is that no

evidence was let in by both the parties and no documents were

marked, though the orders reserved in I.A. the main O.P. was

disposed of.

6. Even in the judgment, there was no discussion regarding

the evidence, only the averment of petition, counter, rejoinder

were extracted and the judgments of the Apex Court were

discussed. As such, the order of the trial Court is patently

erroneous and is set aside. The matter is remanded back to the

trial Court with a specific direction to dispose of the I.A. and

later both the parties are directed to let in evidence and after

completion of evidence and arguments, the trial Court is

directed to decide the matter on its merits by giving duly an

opportunity to both the parties.

7. With this direction, the C.M.A. is disposed of. No costs.

Miscellaneous petitions, if any, pending in the CMA, shall

stand closed.

______________________ T. VINOD KUMAR, J

Date: 25.04.2025 ______________________ P. SREE SUDHA, J

MRKR