THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.2501 of 2014 Between:
Dated 22nd August, 2014 H.Balaji Singh (died) as per LRs And Karan Singh and others …Petitioners …Respondents Counsel for the petitioners: Sri A.Mahesh Kumar Counsel for the respondents: ----
The Court made the following:
ORDER:
This civil revision petition is filed against the docket order, dated 22.11.2013, in I.ANo.74 of 2012 in I.A.No.410 of 2009 in O.S.No.772 of 2002, on the file of the learned V Additional Senior Civil Judge (FTC), Ranga Reddy District at L.B.Nagar, Hyderabad.
I have heard the learned counsel for the petitioners and perused the record.
The petitioners filed I.A.No.410 of 2009 for passing a final decree in pursuance of the preliminary decree passed in favour of their predecessors in title, namely, Balaji Singh. In the said application, respondent Nos.1 to 5 have filed I.A.No.74 of 2012 under Order I Rule 10 CPC for their impleadment by stating that they are the wife and children of late Balaji Singh. By the impugned order, the lower Court has allowed the application.
The learned counsel for the petitioners submitted that the Court below has not given notice of I.A.No.74 of 2012 and that it has passed order impleading respondent Nos.1 to 5 behind their back.
If any order is passed without an opportunity of being heard to the petitioners, such an order is liable to be re-called. Therefore, the petitioners ought to have filed an application for re-calling the said order instead of approaching this Court by way of the present civil revision petition.
The learned counsel for the petitioners submitted that while his clients have no objection for filing such an application, the lower Court is seeking to proceed with the further proceedings, such as, appointment of an Advocate Commissioner for dividing the property by metes and bounds.
In the above facts and circumstances of the case, I am not inclined to entertain this revision petition at this stage. The petitioners are given liberty to file an application before the lower Court for re- calling the docket order, dated 22.11.2013. If such application is filed within one week from the date of receipt of a copy of this order, the lower Court shall decide the same on merits, after hearing both the parties and till disposal of such application, it shall not proceed further in the final decree proceedings.
Subject to the above directions, the civil revision petition is disposed of.
As a sequel to disposal of the civil revision petition, C.R.P.M.P.No.3488 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 22nd August, 2014
VGB