High CourtsSingle Bench(2002) 09 AP CK 0081

Bolla V.K. Radha Krishna vs Viswanadha Venkata Subbaiah

Andhra Pradesh High Court · Decided on 13 September 2002 · Citation: (2002) 5 ALT 355

HON’BLE JUDGES
B. Sudershan Reddy, J
RESULT
Allowed
CASE NUMBER
C.R.P. No. 2789 of 2002

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Judgment

4 paragraphs · 274 words

B. Sudershan Reddy, J.—The learned Senior Civil Judge, Machilipatnam disposed of I.A. No. 797 of 2001 in O.S. No. 75 of 2000 directing the petitioner herein to deposit a sum of Rs. 10,000/- per acrewise into the Court on or before 14-3-2002. The learned Judge passed such an order resulting in far reaching consequences without assigning any reason whatsoever. It is rather surprising and shocking to realise that a judicial officer at the level of Senior Civil Judge could pass such an order without assigning any reason whatsoever. A judicial order not supported by any reason is a nullity. The learned Judge did not even refer to the facts requiring adjudication. This Court is constrained to express its unhappiness for the manner in which the learned Judge disposed of the application.

2.

For the aforesaid reasons, the impugned order is set aside. Consequently, I.A. No. 797 of 2001 in O.S. No. 75 of 2000 on the file of the learned Senior Civil Judge, Machilipatnam shall stand restored to its original file for disposal in accordance with law. The learned Judge shall now hear the application and dispose of the same on merits in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

3.

It is stated by the learned counsel for the petitioner that the petitioner had already filed his counter in the I.A., on 15-11-2001. The same shall be taken into consideration by the learned trial Judge at the time of hearing of the said application.

4.

The Civil Revision Petition is accordingly allowed. There shall be no order as to costs.