Smt. Pabbineedi Madhavi Ramesh vs Smt. Mareedu Venkata Ramana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(AP) 286

HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION NO: 304 OF 2022 Between:
1. Smt. Pabbineedi Madhavi Ramesh W/o Ramesh Babu, 43y, Occ.
Business, R/o. Villa No.307, Beverly Plams, near Water Tank, Nizampet, Bachupally, Hyderabad.
...PETITIONER(S)
AND:
1. Smt. Mareedu Venkata Ramana W/o. Vishnu Narayana, Hindu, 48y, D.No.24-25, Flat No.401, Vishnu Towers, Gouda Ramalayam Street, Yanamalakuduru Village, Penamaluru Mandal, Krishna District.
...RESPONDENTS Counsel for the Petitioner(s): RAMA MOHAN PALANKI Counsel for the Respondents: P S P SURESH KUMAR The Court made the following: ORDER HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION No.304 of 2022 Between:
Smt.Pabbineedi Madhavi Ramesh, W/o Ramesh Babu, Aged about 43 years, Occupation: Business, R/o Villa No.307, Beverly Palms, Near Water Tank, Nizampet, Bachupally, Hyderabad.
… Petitioner/Defendant And Smt.Mareedu Venkata Ramana W/o Vishnu Narayana, Hindu, 48 years, R/o D.No.24-25, Flat No.401, Vishnu Towers, Gouda Ramalayam Street, Yanamalakuduru Village, Penamaluru Mandal, Krishna District.
… Respondent/Plaintiff Counsel for the petitioner : Sri Rama Mohan Palanki Counsel for respondent : Sri P.S.P.Suresh Kumar

ORDER:

The above revision is filed under Article 227 of the Constitution of India against the order dated 25.01.2022 in I.A.No.460 of 2021 in O.S.No.2000 of 2021 on the file of the Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada.

2. Suit O.S.No.2000 of 2021 was filed for recovery of arrears of rents based on lease deed.

3. Along with the suit, plaintiff filed I.A.No.460 of 2021 under Order XXXVIII Rule 5 of C.P.C to direct the defendant to furnish security for the suit amount and in the event of failure to furnish security, the Court shall pass the conditional attachment before judgment of schedule property annexed thereto.

4. Respondent/defendant filed counter.

5. On contest and upon considering the averments in affidavit and counter, the trial Court allowed petition on 25.01.2022 granting conditional attachment. Aggrieved by the same, above revision is filed.

6. Though the order was passed in an interlocutory application filed under Order XXXVIII Rule 5 of CPC, it is traceable to an order passed under Order XXXVIII Rule 6. Against the said order, appeal under Order 43 Rule 1(q) of CPC would lie.

7. This Court by order dated 18.02.2022 passed interim order suspending the order for a period of eight weeks and seeking extension of the same from time to time. Respondent filed counter praying the Court to vacate the interim order granted on 18.02.2022 and, also specifically contended that revision is not maintainable.

8. Learned counsel for the revision petitioner sought time to file appeal as contemplated under Order 43 Rule 1 CPC against the order dated 25.01.2022 before the appropriate Court. In view of the same, since the learned counsel intends to file appeal against the order dated 25-1-2022, without going into the merits of the matter, this Court deems it appropriate to consider the same.

9. Accordingly, the Civil Revision Petition is dismissed at the stage of admission, on the ground of maintainability, without going into merits of matter.

The Registry is directed to return the certified copies to the learned counsel for the petitioners enabling petitioner to file an appeal before appropriate Court within a period of two weeks. No order as to costs.

As a sequel, all the pending miscellaneous applications shall stand closed.

_________________________ SUBBA REDDY SATTI, J Date : 04.01.2023 KA/NNN HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION No.304 of 2022 Date : 04.01.2023 KA/NNN

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