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2002 Supreme(AP) 1088

Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY
Bolla V.K.Radha Krishna - Appellant
Versus
Viswanadha Venkata Subbaiah - Respondent
Decided On : 09-13-02

Headnote:

Civil Law – Civil Suit - Seeking for Compensation - Petitioner herein to deposit a sum amount per acre wise into Court - Learned Judge passed such an order resulting in far reaching consequences without assigning any reason whatsoever - It is rather surprising and shocking to realise that a judicial officer at level of Senior Civil judge could pass such an order without assigning any reason whatsoever - A judicial order not supported by any reason is a nullity - Learned Judge did not even refer to facts requiring adjudication - Court is constrained to express its unhappiness for manner in which learned Judge disposed of application – Held, Court says that is stated by learned counsel for petitioner that petitioner had already filed his counter in I. A. - Same shall be taken into consideration by learned trial Judge at time of hearing of said application - Civil Revision Petition allowed.

B. SUBHASHAN REDDY, J.

( 1 ) THE learned Senior Civil Judge, machilipatnam disposed of I. A. No. 797 of 2001 in O. S. No. 75 of 20co directing the petitioner herein to deposit a sum of rs. 10,000/- per acrewise into the Court on or before 14-3-2002. The learned Judge passed such an order resulting in far reaching consequences without assigning any reason whatsoever. It is rather surprising and shocking to realise that a judicial officer at the level of Senior Civil judge could pass such an order without assigning any reason whatsoever. A judicial order not supported by any reason is a nullity. The learned Judge did not even refer to the facts requiring adjudication. This court is constrained to express its unhappiness for the manner in which the learned Judge disposed of the application.

( 2 ) FOR the aforesaid reasons, the impugned order is set aside. Consequently, la. No. 797 of 2001 in O. S. No. 75 of 2000 on the file of the learned Senior Civil Judge, machilipatnam shall stand restored to its original file for disposal in accordance with law. The learned Judge shall now hear the application and dispose of the same on merits in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

( 3 ) IT is stated by the learned counsel for the petitioner that the petitioner had already filed his counter in the I. A. , on 15-11-2001. The same shall be taken into consideration by the learned trial Judge at the time of hearing of the said application.

( 4 ) THE Civil Revision Petition is accordingly allowed. There shall be no order as to costs.

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