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2023 Supreme(Online)(AP) 11874
HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU CIVIL REVISION PETITION NO: 1344 OF 2023 Between:
1. DAMACHERLA SAI JAGAN S/o Late Damacherla Purnachandra Rao, Hindu, student, aged 17 years, Minor represented by his Maternal grand mother And guardian, Chinthala Ramulu, W/o Venkatrao, Hindu, Aged 60 years, Housewife, Resident of Door No. 5-205, Mathukumalli Village, Savalyapuram Mandal, Vinukonda, Palnadu District.
2. Damacherla Rama Krishna, S/o Late Damacherla Purnachandra Rao, Hindu, student, aged 15 years, Minor represented by his Maternal grand mother And guardian, Chinthala Ramulu, W/o Venkatrao, Hindu, Aged 60 years, Housewife, Resident of Door No. 5-205, Mathukumalli Village, Savalyapuram Mandal, Vinukonda, Palnadu District.
...PETITIONER(S)
AND:
1. DAMACHERLA SWAPNA W/o Late D. Purnachandra Rao, Aged 37 years, Occ.-Private Employee, Residng at Door No. 3-299/1, Near Ramalayam, Allurvaripalem Village, Narasaraopet Mandal, Palnadu District.
3. Damacherla Nagendramma, W/o Late Jagannadham, Aged 73 years, Hindu, Housewife, Residing at Door No. 3-299/1, Near Ramalayam, Allurvaripalem Village, Narasaraopet Mandal, Palnadu District.
4. Upputuri Prasad Rao, S/o Venkaiah, Hindu, cultivation, aged 54 years, Residing at Door No. 4-73, Jonnalagadda Village, Narasaraopeta Mandal, Palnadu District.
...RESPONDENTS Counsel for the Petitioner(s): T V SRI DEVI Counsel for the Respondents:
The Court made the following: ORDER THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU CIVIL REVISION PETITION NO.1344 of 2023
ORDER:
Heard Smt.T.V.Sridevi, learned counsel for the petitioners.
2. This Court notices that from 15.12.2022, the plaint that is filed is being returned with some objections. Since the issue is essentially about the numbering of the suit, the manner in which the same is being returned. This Court is of the opinion that it can be disposed of at this stage without notice to the respondents.
3. After hearing the submissions of Smt.T.V.Sridevi, learned counsel for the petitioner, this Court has to agree that while the Court has a duty to check the case on presentation, it is always advisable in better, if all the objections are taken at once. This Court notices that from the tight copy of the dockets that is filed, different types of objections are being raised at different stages. A request is also made that the case should be called at the bench when the petition was represented on 19.12.2022. The record does not disclose that the request of the learned counsel, to argue the matter and to convince the learned Judge was in fact adhere to. The same was returned once again.
4. In the opinion of this Court, the petitioners has made out a case. Therefore, there shall be a direction to the learned Principal Senior Civil Judge, Narasaraopet, to hear the learned counsel for the plaintiff on the objections raised by the office and to take a decision on the same preferably within a period of one (01) week from the date of receipt of copy of this order. A date should be fixed for hearing the learned counsel for the plaintiff and the matter should be decided within the above mentioned time frame.
5. Accordingly, this Civil Revision Petition is disposed of.
There shall be no order as to costs.
As a sequel, Miscellaneous Applications, if any, pending shall also stand dismissed.
________________________________ JUSTICE D.V.S.S.SOMAYAJULU Date: 20.07.2023 RKS
