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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

CIVIL REVISION PETITION No.2401 of 2019

DATE: 30.01.2026

Between:

Vytla Bixapathy and 2 others

…Petitioners

AND

Siddam Darshan and 9 others

…Respondents

O R D E R

This Civil Revision Petition is filed under Article 227 of the

Constitution of India to set aside the docket order dated

04.07.2017 in O.S.No.75 of 2015 on the file of the VII Additional

District Judge, Medak at Sangareddy.

2. Heard Sri A. Radha Krishna, learned counsel for the

petitioners. None appeared for the respondents. Perused the

entire material on record.

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3. For the sake of convenience, the parties hereinafter

referred to as, as they are arrayed before the Trial Court.

4. The main grievance of the petitioners is that the present

suit which is filed for partition in which summons sent to

defendant Nos.1 to 6 were received, but defendant Nos.7 to 10

are intentionally not receiving the notices and the same was

returned with unserved on several occasions, as such the

petitioners filed I.A.No.703 of 2015 requesting the learned trial

Court to permit service of summons by substituted service on

defendant Nos.7 to 10 to publish through any Telugu Daily News

Paper. Considering the same, I.A.No.703 of 2015 was allowed

permitting the petitioners/plaintiffs to publish the same in

Janata Telugu Daily News Paper. It is submitted that pursuant

to the Order passed in said application, the summons were

served to defendant Nos.7 to 10 by way of publication directed

as the paper publication was also filed in the counter.

5. Learned counsel for the petitioner contended that after the

publication, the learned trial Court came to the conclusion on

01.08.2017 that the petitioners sent the summons to the

available address which is mentioned in the sale deed. The

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publication was taken out by way of substitute service, the

learned trial Court ignoring the same, ordered fresh summons to

defendant Nos.7 to 10, and the learned trial Court order dated

12.06.2017 in allowing I.A.No.703 of 2017 cannot be revoked.

Aggrieved by the said docket order, the present Civil Revision

Petition has been filed.

6. Learned counsel for the petitioners contended that once

the learned trial Court permitted service of notice and the same

was acted upon, the learned trial Court could not have directed

issuance of fresh notices without setting aside the earlier order.

It was submitted that no application, affidavit, or material was

placed before the learned trial Court to show that the earlier

service of notice was defective or invalid. It was further

submitted that the defendants against whom notice was issued

did not appear before the Court or raise any objection disputing

service of notice and according to the petitioners, the impugned

docket order amounts to ignoring an earlier judicial order and is

contrary to the procedure established under law.

7. Learned counsel for the petitioner relied upon the

judgment of the Supreme Court in BASANT SINGH AND

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ANOTHER V. ROMAN CATHOLIC MISSION, (2002) 7 SCC 531, wherein held

that:

“4. Learned counsel for the appellants contended that the

trial court has acted in violation of the procedure prescribed

under Order 5 of the Code of Civil Procedure, in issuing

summons to the defendants. He further contended that the

substituted service can be resorted to only when the court is

satisfied that the defendant is avoiding the service or the service

cannot be effected in an ordinary way. The trial court having not

passed any order about the satisfaction as envisaged under the

Code, it was not open to the trial court to order for substituted

service. This submission need not detain us any longer. On the

facts of the case the court's satisfaction is implicit in the order

directing service by publication.

9. Order 5, proviso to sub-rule (2) of Rule 19-A CPC

provides that where the summons are properly addressed,

prepaid and duly sent by registered