ASSOCIATED AUTO SERVICES Vs. MEDISETTY VENKATA SUBBA RAO

JUDGEMENT

(1.) The Petitioners herein are defendants 1 and 2 in the suit and Respondents 1 and 2 herein are Plaintiffs in the suit and in this Revision Petition the parties are referred as referred in the original suit. Respondent Nos.3 to 10 herein are the Defendant Nos.3 to 10 against which no relief was claimed by the Plaintiffs. More over, the suit against Defendant Nos.3 to 9 is dismissed as not pressed by the Plaintiffs by order dtd. 27/8/2010.

(2.) The suit was filed in the year 2010 for recovery of possession and recovery of rent for the period from March, 2008 to July, 2009. The said suit was decreed in the year 2013 against which first appeal was preferred by the Defendants vide A.S.No.53/2013 on the file of learned VIII Additional District Judge-cum-Family Court, Ongole. Wherein, the Appellate Court allowed the appeal and set aside the judgment of the trial Court and dismissed the suit by judgment dtd. 12/9/2013, against which Second Appeal No:1203 of 2013 was preferred by the Plaintiffs, in which this Hon'ble Court allowed the Second Appeal by setting aside the judgment dtd. 12/9/2013 passed by the Appellate Court i.e., learned Family Court-cum- VIII Additional District Judge and the case is remanded back to First Appellate Court with a direction that the First Appellate Court shall hear the suit afresh after granting an opportunity of hearing to both sides for adducing additional evidence if any and dispose of the case in accordance with law.

(3.) In the meanwhile, the Defendants / Petitioners herein filed review application No.2/2024 consequent to the orders in S.A.No.1203 of 2013 and the Review was allowed and observed that the Judgment dtd. 20/10/2013 passed in S.A.No.1203 of 2013 remanding the matter to the First Appellate Court is modified. Consequently, the matter is remitted to the Trial Court by restoring O.S.No.29 of 2010 directing the learned trial Judge to hear both sides and settle necessary additional issues including the one relating to pecuniary jurisdiction and maintainability of the suit in that regard and permit both sides to adduce any further evidence and hear and dispose of the matter in accordance with law, as expeditiously as possible preferably on or before 30/11/2024.