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since 1985 practicing as advocate in both civil & criminal laws

Sunday, July 31, 2016

Crl.M.P. in M.C. filed by the petitioner to set aside the ex parte order dated 16.7.2011.- Trial court dismissed the application = Their Lordships held that The trial Court is directed to set aside the impugned ex parte order on payment of Rs.10,000/- towards costs to the respondents 1 to 3 herein and to restore the M.C., hear both the parties and pass appropriate orders. Till such time, the petitioner is directed to pay Rs.3,000/- per month each to the respondent Nos.1 and 3 towards maintenance.

CRLRC 325 / 2016
CRLRCSR 22959 / 2015CASE IS:DISPOSED
PETITIONERRESPONDENT
BOLLIMUNTHA MOHANA VENKATESWARA RAO  VSBOLLIMUNTHA LAKSHMI & 3 OTHERS
PET.ADV. : SUBRAHMANYAMRESP.ADV. : PUBLIC PROSECUTOR (AP)

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL
REVISION CASE No.325 OF 2016
ORDER: This Criminal Revision Case is filed seeking to set aside the order of the V Additional Junior Civil Judge, Guntur dated 26.02.2015, whereby the learned Judge dismissed Crl.M.P.No.1729 of 2014 in M.C.No.3 of 2011 filed by the petitioner to set aside the ex parte order dated 16.7.2011. Even after service of notice, none appeared on behalf of respondents 1 to 3.
 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor. Perused the material on record.
In the circumstances of the case, this Court is of the view that the revision can be disposed of with the following direction: The trial Court is directed to set aside the impugned ex parte order on payment of Rs.10,000/- towards costs to the respondents 1 to 3 herein and to restore the M.C., hear both the parties and pass appropriate orders. Till such time, the petitioner is directed to pay Rs.3,000/- per month each to the respondent Nos.1 and 3 towards maintenance. The Criminal Revision Case is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. ________________________ JUSTICE RAJA ELANGO 08.02.2016 Tsr

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