ORDER:

Heard Mr.Nagaraju Naguru, learned counsel for the petitioner and Mr.Mangena Sree Rama Rao, learned counsel for the 2nd respondent. Notice on the other respondents is deemed not necessary as the grievance of the petitioner is non-registration of suit filed vide O.S (SR) No.1558 of 2021 on the file of the Court of the IX Additional District Judge, Kovvur, West Godavari District.

2. The petitioner being the plaintiff presented a plaint on 15.07.2021 seeking a Decree in his favour and against the defendants 1 and 2 mentioned therein for partition of land acquisition compensation amount in respect of the plaint schedule property into two equal shares between the petitioner and the 1st respondent/1st defendant and for allotment of one such share to the petitioner/plaintiff by retaining the remaining half share to the 1st plaintiff/1st defendant by declaring that the petitioner/plaintiff and the 1st respondent/1st defendant alone are entitled to the compensation amount and other benefits equally as they are the only successors of one late Mareddy Jagga Rao and late Subhadramma and late Butchiraju and his wife late Hemala Satyavathi and for other reliefs. The said plaint was returned by the Registry/Court of IX Additional District Judge, Kovvur with certain objections on 19.07.2021. The said objections were complied with and the plaint was represented on 08.09.2021. Despite the same, the suit has not been numbered by duly examining the compliance to the objections raised.

3. At the time of considering the matter, a learned Judge of this Court by an Order dated 19.01.2022 directed the learned IX Additional District Judge, Kovvur, West Godavari District to submit a report relating to the above mentioned O.S.(SR) No.1558 of 2021. Pursuant to the said Order, a report dated 24.02.2022 was submitted, wherein it was mentioned inter alia, to the effect that the objections were not fully complied with and instead of proceeding with the hearing, time is being sought on behalf of the petitioner/plaintiff.

4. In the light of the said report, this Court by an Order dated 25.03.2022 granted time to enable the learned counsel for the petitioner/plaintiff appearing in the Trial Court to file an affidavit with regard to compliance with the objections and other aspects. Accordingly, an affidavit of the learned counsel sworn on 20.04.2022 along with a copy of the docket Order was filed vide USR No.19558 of 2022 dated

11.04.2022.

5. The learned counsel for the petitioner with reference to the averments made in the said affidavit, would contend that though the plaint was represented by duly complying with the office objections and Memo along with legal decisions was filed for consideration of the learned Trial Court, no Orders were passed and the file was kept pending. He submits that as the matter was being adjourned from time to time to the much detriment of the petitioner/plaintiff the present Civil Revision Petition was filed, having left with no other alternative. The learned counsel submits that a duty is cast on the Court to consider the objections and pass appropriate Orders, more particularly, when hearing was sought for since the Registry was not satisfied with the answers/compliance to the objections raised. He submits that due to non-numbering/registering of the suit, the petitioner/plaintiff is subjected to the great hardship and irreparable loss and seeks appropriate directions to the learned Trial Court for numbering the suit.

6. The learned counsel for the 2nd respondent advanced arguments with reference to the subject matter of the suit and the objections raised while returning the plaint, but at the stage of scrutiny of the suit, and till receipt of summons/notices in the suit, the respondent/defendant will not have any say in the matter and therefore this Court is not inclined to deal with the same.

7. On consideration of the submissions made by the learned counsel for the petitioner and on perusing the material on record, including the