Civil Revision Petition No. 3564 of 2009 · High Court · 2009
Case at a glance
Outcome
Dismissed
Accordingly, the Civil Revision Petition is dismissed
Provisions considered
Judgment
This revision is directed against order of rejection dated
16.07.2009 passed in I.A.(SR).No.1141 of 2009 in R.C.No.317 of 2005 on the file of II Additional Rent Controller, Hyderabad, filed by the petitioners herein under Section 10 C.P.C. seeking to stay further proceedings in R.C.No.317 of 2005 till disposal of O.S.No.214 of 2005 on the file of the Court of XI Additional Chief Judge, Fast Track Court, City Civil Court, Hyderabad. While the petitioners filed the said interlocutory application on
22.06.2009, the office took an objection as to how it was maintainable under Section 10 C.P.C. and returned the same. The same was resubmitted under S.R.No.1188 of 2009 dated 25.06.2009 and the respondents filed objections along with docket proceedings of O.S.No.214 of 2005 showing that the suit was dismissed on
Operative part
08.04.2009 by XI Additional Chief Judge, Fast Track Court, City Civil Court, Hyderabad. Again the matter was resubmitted under S.R.No.1191 of 2009. Under these circumstances, the Court below has found that Section 10 C.P.C. is not attracted to the interlocutory application as the suit itself was dismissed and accordingly rejected the interlocutory application. Even though a contention is sought to be raised before this Court that the Court below has not assigned any reason while rejecting the interlocutory application, as seen from the impugned order, the Court below has observed that since the suit itself was dismissed on 08.04.2009 Section 10 C.P.C. is not attracted. Therefore, the discretion exercised by the Court below in dismissing the interlocutory application does not suffer from any illegality warranting interference by this Court. Accordingly, the Civil Revision Petition is dismissed. No costs. ___________________ T.MEENA KUMARI, J 07th August, 2009 GHN
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Civil Revision Petition is dismissed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 10.
Which court decided this case, and when?
Andhra Pradesh High Court, on 08 Apr 2009. The bench was T MEENA KUMARI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.