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2008 DIGILAW 301 (AP)

Fayeem Khadri v. Vanam Bharatamma

2008-04-24

T.MEENA KUMARI

body2008
ORDER This civil revision petition is directed against the order dated 2-12-2004 passed by the VI Junior Civil Judge, City Civil Court, Hyderabad in I.A. Sr. No. 9012 of 2004 in 0.5. No. 4050 of 2003. 2. The 1st respondent herein filed the suit in O.S. No. 4050 of 2003 against the petitioner herein and respondents 2 to 4 for perpetual injunction. In that suit, the petitioner filed an I.A.Sr. No. 9012 of 2004 seeking to appoint Sri J. Ravinder as her General Power of Attorney to prosecute and defend her in the above suit. The trial Court, passed a cryptic and laconic order, which reads as under: "Permitted". 3. Admittedly, the aforesaid order passed by the trial Court cannot be said to be a speaking order. The learned trial Judge, in the impugned order, except stating that "permitted" has not really considered the evidence on record in its proper perspective and dealt with the matter in a very laconic manner. 4. In the circumstances, I am of the view that the matter has to be remanded to the trial Court for passing a fresh reasoned order. Accordingly, the impugned order is set aside and the matter is remanded to the trial Cour1 for passing a reasoned order afresh in accordance with law after affording opportunity of hearing to both the parties. The trial Court is directed to dispose of the I.A. as expeditiously as possible, preferably, on or before 30-6-2008. 5. The revision petition is accordingly allowed. No costs.