THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CIVIL REVISION PETITION No.3870 of 2025

ORDER:

The present Civil Revision Petition has been filed under Section 227 of the Constitution of India, aggrieved by the order dated 19.08.2025 in I.A.No.303 of 2025 in O.S.No.50 of 2007 on the file of the learned Senior Civil Judge, Mahabubabad (for short, ‘the trial Court’).

2. Learned counsel appearing for the petitioner would submit that the Court below committed grave error in not exercising its jurisdiction to allow the petition under Order IX Rule 7 of C.P.C in as much the petition was dismissed not on merits because the Suit was of the year 2007 and the matter was posted for cross-examination of PW.4. The Court below did not have jurisdiction to dismiss the petition under Order IX Rule 7 of C.P.C when the petitioner did not have notice restoration of Suit against him after preliminary decree was passed on 18.08.2008 allotting him 1/5^th share in the suit schedule property. Moreover, the Suit for partition is still pending.

3. Learned counsel further submitted that with the dismissal of the petition under Order IX Rule 7 of C.P.C miscarriage of justice has occasioned in as much the petitioner is d