HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 2609 OF 2014.
DATED 15TH SEPTEMBER, 2014.
BETWEEN Mr. Gopal Sridhar and anr …Petitioners and Saibewar Venkat Ramana ….Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 2609 OF 2014.
ORDER:
This Civil Revision Petition was filed challenging the order dated 01.08.2014 passed in I.A.No.848 of 2014 in O.S.No.6 of 2014 by the learned Principal District Judge, Adilabad District whereby the aforesaid application filed by the defendants/petitioners herein under Order IX Rule 7 read with Section 151 CPC seeking to set aside the ex parte order dated 19.03.2014 and permit them to contest the suit on merits was dismissed.
Initially this Civil Revision Petition was dismissed on 14.08.2014 following the decision of the Apex Court in Rasiklal Manickchand Dhariwal Vs. M/s M.S.S. Food Products {2012 (1) SCJ 513} and based on the contentions advanced by the learned Counsel for the respondent. But ultimately, the submissions made by the learned Counsel for the respondent that after examination of P.Ws. 1 and 2 on 27.04.2014 the suit was reserved for judgment and thereafter only the impugned application being I.A.No. 848 of 2014 was filed were found to be incorrect on 05.09.2014 and thereby the order dated 14.08.2014 passed by this Court in present revision case was recalled. It appears that even though the lower Court was apprised of the facts of the case and pendency of the matter it passed the decree on 07.09.2014. In the circumstances, liberty is given to the petitioner to take out appropriate proceedings in accordance with law for setting aside the said decree and on such exercise, the trial Court shall take into consideration the facts before passing the decree and pass appropriate orders thereon.
Accordingly Civil Revision Petition is disposed of without giving any finding on merits in view of disposal of the suit itself.
Miscellaneous petitions pending consideration if any in the Civil Revision Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 15TH SEPTEMBER, 2014.
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