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2025 Supreme(SC) 160

J. B. PARDIWALA, R. MAHADEVAN
Sunkari Tirumala Rao – Appellant
Versus
Penki Aruna Kumari – Respondent


Advocates appeared:
For the Petitioner(s): Mr. F. I. Choudhury, AOR
For the Respondent(s): Ms. Manjeet Kirpal, AOR Ms. Ritu Puri, Adv.

ORDER :

1. This petition arises from the order passed by the High Court of Andhra Pradesh at Amravati dated 17-7-2019 in Civil Revision Petition No.2944/14 by which the High Court allowed the Revision filed by the respondents (original defendants) and thereby set aside the order passed by the District Judge, Vizianagaram in Original Suit No.80/12 deciding a preliminary issue as regards the maintainability of the suit instituted by the petitioners – herein (original plaintiffs) for recovery of money.

2. It appears from the materials on record that the petitioners – herein (original plaintiffs) instituted Original Suit No.80/12 praying for the following reliefs:-

    VI. Therefore, the plaintiffs pray that the Honourable Court may be pleased to pass a Decree and Judgment in favour of the plaintiffs and against the defendant:-

    a) For recovery of Rs.30,00,000/- (Rupees Thirty Lakhs only) from the defendant;

    b) Costs of the suit; and) For such relief or other reliefs as the Honourable court deems fit and proper in the circumstances of the case, in the interests of justice.”

3. In the suit proceedings, the issue as regards the maintainability of the suit was raised on the ground that a partner of

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