HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 3693 OF 2013 DATED 19TH SEPTEMBER, 2014.
BETWEEN Thoutam Sudhakar …Petitioner And Nandikota Malla Reddy …Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 3693 OF 2013
ORDER:
This Civil Revision petition is filed by the defendant in O.S.No.234 of 2011 on the file of the learned Principal Junior Civil Judge, at Mancherial challenging the jurisdiction of the Court to try the said suit filed by the plaintiff, who is respondent herein, on the ground of lack of jurisdiction in view of the decision of this Court in M.Venkateswara Rao Vs. Sub Judge, Kothagudem {2000(4) AL?T 163}.
The learned Counsel for the petitioner submits that in respect of another matter in O.S.No.64 of 2009, when the trial Court rejected the application in I.A.No.616 of 2009 filed therein in the similar and identical circumstances, this Court considered the said issue in Civil Revision Petition No.4358 of 2011 and dismissed the suit in OS.No.64 of 2009 as not maintainable by order dated 05.07.2013. The ratio laid down in the said Civil Revision Petition squarely covers the facts of this case also. The learned Counsel did not bring to the notice of the trial Court regarding lack of jurisdiction and no order was passed by the trial Court. In the circumstances, the Civil Revision Petition is dismissed giving liberty to the petitioner to file an appropriate application before the trial Court and if such an application is filed, the trial Court shall consider the same in accordance with law.
Miscellaneous petitions pending consideration if any in the Civil Revision Petition shall stand closed. No order as to costs.
JUSTICE A.RAMALINGESWARA RAO DATED 19TH SEPTEMBER, 2014 Msnro