S AJAY KUMAR Vs. S KRISHNA VENI

JUDGEMENT

(1.) THE revision petitioner assails the order dated 21st June, 1999 of the learned Judge, Family Court Secunderabad passed in LA. 307 of 1999 in O. S. 16 of 1997. The impugned order emanated on an application filed under Section 151, C. P. C. seeking a direction to separate two suits O. S. 16 of 1997 and O. S. 28 of 1997 and try them separately, the application having been necessitated in view of the earlier order passed by the Judge, Family Court ordering to club both the suits.

(2.) IT is the contention of the learned Counsel for the revision petitioner that such an order passed by the Judge, Family Court is illegal and contrary to directions given by a Bench of this Court to try the suit O. S. 28 of 1997 day-to-day. Apart from the merits in the matter, the learned Counsel appearing for the respondent has taken an objection on the maintainability of the revision. The revision having been filed under Section 115 of C. P. C. is clearly barred under the provision of the Family Courts Act, 1984. Section 19 is the relevant provision. Sub-sections (4) and (5) are germane for consideration in the context of this case. Section 19 of the said Act insofar as relevant is extracted hereunder:

(3.) IN no uncertain terms Sub-section (5) mandates that no appeal or revision shall lie to any Court from any judgment or order or decree of a Family Court.