IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1701 OF 2009 Between: Shaik Kotambee, W/o. Late Dastagiri ..... PETITIONER AND Kanakam Madava Rao, S/o. Subba Rao and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1701 OF 2009 ORDER: This petition, under Article 227 of the Constitution of India, is directed against the order, dated 06.04.2009, in C.F.R.No.1144 of 2009 in E.P.No.30 of 2007 in O.S.No.249 of 2002, on the file of the Junior Civil Judge, Darsi, whereunder and whereby, the E.A. filed under Order XXI Rule 58 of the Code of Civil Procedure to dismiss the E.P. as not maintainable, was dismissed at the stage of numbering. The grievance of the petitioner herein, who is claim petitioner, is that the claim petition was dismissed by the trial Court, at the stage of numbering, without determining the rights of the parties in the claim petition. The trial Court must have given an opportunity to hear the claim petitioner to substantiate her case. The impugned order is therefore set aside, directing the trial Court to number the claim petition and dispose of the same in accordance with law, after giving opportunity to both the parties, preferably within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Civil Revision Petition is disposed of with the above direction. There shall be no order as to costs. _______________ K.C. BHANU, J February 25, 2010 MD/YVL