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2024 Supreme(AP) 101
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Sreenivasa Reddy, J.
Smt. S.V.V. Prameela Rani w/o. Sri S.V. Nageswara Rao – Petitioner
Versus
M/S. Rednam Surya Rao and Dharma Rao Charities represented by its Secretary and ors. – Respondent
Civil Revision Petition No. 747 of 2023
Decided On : 01-02-2024
Important Points
Subject
Civil Law - Civil Procedure
Headnote
Infructuous - Civil Revision Petition - The court dismissed the Civil Revision Petition as infructuous after the execution of the delivery warrant in the E.P. resulted in its closure.
Fact of the Case:
The Civil Revision Petition was filed against the Order dated 21.02.2023 in E.A.No.37 of 2019 in E.P.No.22 of 2016 in R.C.C.No.49 of 1999.
Finding of the Court:
The Court found that since the E.P. had been closed as satisfied, the Civil Revision Petition had become infructuous and consequently dismissed it. No costs were awarded.
Issues:
Ratio Decidendi: The execution of the delivery warrant resulting in the closure of the E.P. rendered the Civil Revision Petition infructuous.
Final Decision: The Civil Revision Petition was dismissed as infructuous. No costs were awarded.
Advocate Appeared:
For the Petitioner: V Hemanth Kumar
For the Respondent: E V V S Ravi Kumar
JUDGMENT :
This Civil Revision Petition has been filed aggrieved by the Order, dated 21.02.2023 in E.A.No.37 of 2019 in E.P.No.22 of 2016 in R.C.C.No.49 of 1999 on the file the learned IV Additional Junior Civil Judge-cum- Rent Controller at Visakhapatnam and consequently to set-aside the order, dated 21.02.2023.
2. Today when the matter is taken up for hearing, it is brought to the notice of this Court that on 06.12.2023, an order has been passed by the Court below which reads as follows:
“Advocates are abstaining from judicial work. Petitioner present and informed about execution of delivery warrant. E.P is hereby closed as satisfied.”
3. When the E.P. has been closed, the Civil Revision Petition would automatically become infructuous. Accordingly, the Civil Revision Petition is dismissed as infructuous. No costs.
4. As a sequel thereto, the miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.
