ALOOR SUBRAHMANYAM Vs. SUTHRAM PRABHAKAR

JUDGEMENT

(1.) This civil revision petition arises out of order, dated 06.09.2010, in I.A. No. 835 of 2008, in O.S. No. 53 of 2008, on the file of the learned Principal Senior Civil Judge, Chittoor. I have heard Sri S.V. Bhatt, learned counsel for the petitioner, and Sri B. Pridvi Kumar, learned counsel, representing Sri K.V.L. Narasimha Rao, learned counsel for respondent No. 1.

(2.) Even though notice is sent to respondent No. 2, the same has not returned served or otherwise. Respondent No. 2 has adopted the stand of respondent No. 1 taken in the written statement filed before the lower Court and as respondent No. 1 is contesting this case, it is not necessary to await service of notice on respondent No. 2.

(3.) The petitioner filed the above-mentioned suit for declaration of his exclusive right over the suit wall. Respondent No. 1 filed a written statement, wherein he has also claimed exclusive right over the suit wall. Respondent No. 2 adopted the written statement of respondent No. 1. Following the written statement of respondent No. 1, the petitioner filed I.A. No. 835 of 2008 seeking leave of the Court for filing rejoinder. Respondent No. 1 contested the said application. By order, dated 06.09.2010, the lower Court dismissed the said application. Feeling aggrieved thereby, the petitioner filed the present civil revision petition.