THE HONOURABLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No.4087 of 2024

ORDER:

Heard Sri Challa Pravin Kumar, learned counsel for the revision petitioner and Sri P. Animi Reddy, learned counsel for the respondent No.1. Perused the entire record.

2. The Civil Revision Petition is filed aggrieved by the undated docket order returning the counter claim, which was received by the Principal Junior Civil Judge, Mahabubnagar, (‘Trial Court’), in O.S.No.55 of 2022 pending on its file.

3. The brief facts of the case are that the suit in O.S.No.55 of 2022 was filed by respondent No.1 herein/plaintiff seeking partition and separate possession against the revision petitioner herein and respondent Nos.2 to 5 herein/defendants. In said suit, the revision petitioner herein/defendant No.2 filed a petition herein Order VIII Rule 9 read with Section 151 of the C.P.C. with a prayer to receive her counter claim and the said petition was allowed vide order dated 01.02.2024. Thereafter, the successor Presiding Officer of the Trial Court vide undated docket order returned the counter claim by passing the following order:

“My predecessor had received the application u/O.8 R.9, OVI R.17, along with cou