CHINTAPALLI VENKAYAMMA Vs. AMBATI SUBBIREDDY

JUDGEMENT

(1.) This Civil Revision Petition arises out of an interlocutory order dtd. 5/8/2016 in I.A.No.521 of 2015 in I.A.No.1188 of 2014 in I.A.No.111 of 2005 in O.S.No.30 of 1988, passed by the learned Senior Civil Judge, Pithapuram, East Godavari District.

(2.) The facts leading to Civil Revision Petition are that the petitioners in the course of final decree proceedings filed I.A.No.1188 of 2014 to conduct auction of B-Schedule property, and the respondents filed their counter opposing the same. The trial Court without considering the said application passed final decree in I.A.No.111 of 2005 in O.S.No.30 of 1988 on 31/3/2015 giving liberty to file separate application with regard to "B" Schedule property. As no orders were passed in I.A.No.1188 of 2014 and as the application was closed, the petitioners filed I.A.No.521 of 2015 under Order 47 Rule 1 & 2 of the Code of Civil Procedure seeking to review the order, dtd. 31/3/2015, passed in I.A.No.1188 of 2014. The trial Court, vide its order, dtd. 5/8/2016, dismissed the said application. Hence, the present Civil Revision Petition is filed.

(3.) The primary question that falls for consideration in the Civil Revision Petition is: "whether the C.R.P. against a dismissal of a review application is maintainable?"