THE HON’BLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No.3094 of 2024

ORDER:

Heard Sri. V.V.Ramana, learned counsel for the revision petitioners and Sri.Srinivas Chitturu, learned counsel for the respondent. Perused the record.

2. ThisCivil Revision Petition is filed challenging the order 18.09.2024 passed in I.A. No. 431 of 2023 in O.S. No. 158 of 2023 by the learned II Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, wherein, the petition filed under Order XXXVII Rule 3 of the Civil Procedure Code, 1908 (for short, ‘the CPC’) to grant leave to the revision petitioners to defend the main suit in O.S. No. 158 of 2023 which is a summary suit, was dismissed.

3. Learned counsel for the respondent challenged the maintainability of the Civil Revision Petition placing reliance on the judgment of the High Court of Judicature at Madras in C.R.P. No. 2769 of 2024 and C.M.P. No. 14696 of 2024, wherein the reference is made to the judgment of the Hon’ble Supreme Court of India in the case of Ajay Bansal v. Anup Mehta and others1,wherein it is

2007 [2] SCC 275

held that an application under Article 227 of the Constitution of India would not be maintainable where an Appeal li