Pittala Hymavathi Chintala Hymavathi vs Pittala Manoj
2025 Latest Caselaw 1747 Tel

Telangana High Court

Pittala Hymavathi Chintala Hymavathi vs Pittala Manoj on 4 February, 2025

       THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                           AND
        THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO


                   FAMILY COURT APPEAL NO.5 of 2025

Mr. Thoom Srinivas, learned counsel appearing for the appellant.

Mr. K.Venkataramanaiah, learned counsel appearing for the respondent.


JUDGMENT:

(Per Hon'ble Justice Moushumi Bhattacharya)

The order under Appeal is an order dated 28.10.2024 passed

in I.A.No.75 of 2024 in F.C.O.P.No.790 of 2021 by the learned I

Additional Family Court at Secunderabad (for short 'the Family

Court') dismissing an Application filed by the appellant under Order

IX Rule 9 of The Code of Civil Procedure, 1908 (for short 'the C.P.C.')

for setting aside the docket order dated 21.02.2024 passed in

F.C.O.P.No.790 of 2021 by the learned Family Court. By the order

dated 21.02.2024, the F.C.O.P. filed by the appellant was dismissed

for non-prosecution. As stated above, the appellant's subsequent

Application for restoring the F.C.O.P. was dismissed by the order

under Appeal dated 28.10.2024.

2. Since the order under Appeal is clearly an interlocutory order,

we have asked learned counsel appearing for the appellant to

address the Court on the maintainability of the Appeal. Section 9(1)

of The Family Courts Act, 1984 prohibits filing of an Appeal from an

interlocutory order passed by a Family Court.

3. We have heard learned counsel appearing for the appellant

and the respondent.

4. It is important to distinguish that the order under Appeal

dated 28.10.2024 dismissed the appellant's Application under Order

IX Rule 9 of the C.P.C. i.e., I.A.No.75 of 2024. The order dated

28.10.2024 did not dismiss the F.C.O.P.No.790 of 2021. Therefore,

even if we were to admit the Appeal, the subject matter of the

Appeal would be the Order IX Rule 9 Application filed by the

appellant and not the F.C.O.P.

5. Further, even according to learned counsel appearing for the

appellant, an order of dismissal under Order IX Rule 9 of the C.P.C

is an appealable order under Order XLIII Rule 1(c) of the C.P.C.

Hence, the appellant shall approach the High Court with an

appropriate Appeal/application against the impugned order. We

accordingly give liberty to the appellant to take such course of

action.

6. F.C.A.No.5 of 2025 is accordingly dismissed as not being

maintainable. Interim orders, if any, shall stand vacated and all

connected applications are disposed of. There shall be no order as to

costs.

__________________________________ MOUSHUMI BHATTACHARYA, J

_____________________________ B.R.MADHUSUDHAN RAO, J

Date: 04.02.2025 VSU