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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, M.G. PRIYADARSINI, JJ.
Banda Lalitha – Petitioner
Versus
M/s Shriram City Union Finance Ltd. – Respondent
Civil Revision Petition No. 2844 of 2023
Decided On : 08-07-2024
CIVIL PROCEDURE - CIVIL REVISION PETITION - The court dismissed the Civil Revision Petition as it was rendered unnecessary due to the closure of the Execution Petition (E.P. No. 122 of 2021) prior to the filing of the petition. The court highlighted the importance of procedural compliance and the relevance of existing orders in determining the necessity of further legal action.
Fact of the Case:
The docket order dated 31.08.2023 indicated that E.P. No. 122 of 2021 in ARB No. 24 of 2020 was closed, leading to the filing of a Civil Revision Petition.
Finding of the Court:
The court found that the Civil Revision Petition was unnecessary since the related Execution Petition had already been closed, indicating a lack of grounds for the petition.
Issues: Whether the Civil Revision Petition was justified given the closure of the Execution Petition.
Ratio Decidendi: The court determined that the closure of the Execution Petition rendered the Civil Revision Petition moot, emphasizing the need for petitions to be based on active and relevant legal proceedings.
Result: The Civil Revision Petition and C.R.P. No. 2844 of 2023 were dismissed, with no order as to costs.
ORDER :
1. Since it appears from the docket order dated 31.08.2023 that E.P. No. 122 of 2021 in ARB No. 24 of 2020 was closed, nothing further remains in the Civil Revision Petition, which is accordingly dismissed.
2. In fact, we fail to understand as to why the Civil Revision Petition was filed at all in the first place when the E.P (E.P. No. 122 of 2021) already stood closed by the docket order dated 31.08.2023.
3. C.R.P. No. 2844 of 2023 along with all connected interlocutory applications are also dismissed. There shall be no order as to costs.
A Civil Revision Petition is rendered moot if the underlying Execution Petition has been closed, underscoring the necessity for legal actions to be based on current and active matters.
Court dismisses a civil revision petition as infructuous when the underlying proceedings have been closed.
Failure to appear in court leads to dismissal of petition for default.
Revision petitions become infructuous upon disposal of the main suit.
The civil revision petition was dismissed as infructuous due to prior disposal of the main suit.
Civil revision dismissed as infructuous due to disposal of underlying suit.
Revision petition rendered infructuous upon disposal of main suit.
A court will dismiss a revision petition as infructuous when the counsel for the petitioner informs the court that the relief sought is no longer necessary or actionable.
Court determined the revision petitions as infructuous following the restoration of the initial suit, closing all related petitions without further adjudication.
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